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HomeMy WebLinkAbout638300222968557899) Z-98113 Bridger Peaks Town Center Sub. PUD Bridger Peaks, LLC April 1999 ` II 4 r, 'n I la; i i )t; :L r, �'II I Cn Z o O > U � ' N 0 � a) ca P.U.D. CONDITIONS OF APPROVAL t - L) o . and LL cz U) r .. 0 C -° SUBDIVISION FINDINGS OF FACT Q E for 0 cn -0 Z � � BRIDGER PEAKS TOWN CENTER SUBDIVISION O 3 April, 1999 a � � a Prepared for: �� a c r CL' Bridger Peaks, L.L.C. t,A Prepared by: ® MORRISON [100 MAIERLE, INC. 1 An Employee-Owned Company P.C.I.D. CONDITIONS OF APPROVAL and S.UBDIVISION FINDINGS OF. FACT for `BRIDGER PEAKS TOWN. CENTER- S1"UBDIVI I N April, 1999 (revised June 1 , .1:999) Prepared for: Dridger Peaks, L.L.C. Prepared°by: MORRISON ®Ll : MAIERLE- , INC. An Employee-OUuned'Compony R I - • 9 LA' MOWSON ENGINEERS 1V SCIENTISTS LA SURVEYORS RVEYOERS MMERLE, INC. 901 TECHNOLOGY BLVD • P.O.BOX 1113 • BOZEMAN,MT 59771 . 406.587.0721 • FAX:406.587-1176 An Employee-Otvtied Company June 1, 1999 Chris Saunders Bozeman City/County Planning Office 20 East Olive Street Bozeman, MT 59771 Re: Bridger Peaks Town Center Revisions to `'Conditions of Approval" and "Covenants" Binders Dear Chris: In order to gain the approvals needed to obtain a building permit for the in-line structure (Phase I) of Bridger Peaks Town Center, James Nickelson (City Engineering Department) requested some additional and/or updated information on the project. After discussions with you and James, it was decided that the new information could be given to the City as revisions to the PUD Conditions of Approval& Subdivision Findings of Fact and the Covenants, Restrictions & Design Guidelines. Please update the City's Bridger Peaks binders with the following revisions, 7 copies of which are enclosed and hole-punched for easy insertion: D PUD Conditions of Approval & Subdivision Findings of Fact: l. Remove the first (inside cover) sheet and replace it with the enclosed, revised sheet followed by the hole-punched copy of this letter. 2. Remove the second page of the Table of Contents and replace it with the enclosed, revised sheet. 3. Remove the Site Plan from its pocket in Part 5C and replace it with the enclosed, revised Site Plan. 4. In the back of the binder (following the Landscape Plan), add the enclosed "'Part 5E" colored divider sheet followed by the Grading Plan (in plastic pocket). Covenants. Restrictions & Desi>?n Guidelines: 1. "Remove the first (inside cover) sheet and replace it with the enclosed, revised sheet followed by the hole-punched copy of this letter. 2. Remove the Site Plan from its pocket in Exhibit "C" and replace it with the • enclosed, revised Site Plan. Page 1 of 2 Beginning Our Second Half Century I• • • James requested clarification on two other issues: 1. Pedestrian Trails along Oak Street and North 19th Avenue: Although detailed as concrete trails on the Sewer, Water, Road and Grading Plans, these trails will be constructed with asphalt surfacing in accordance with the latest entryway corridor guidelines. The trail width will be a minimum of 8 feet. 2. Oak Street and North 19`h Avenue Site Entrances: James requested that "Keep Right" signs be included on each end of the raised median islands at these entrances. We will coordinate with the site architect to include the requested signs with the overall placement of internal directional signs. This letter and attachments should address all of James Nickelson's concerns. We are looking forward to obtaining final approval of the site plan. If there is anything else you need, please call us as soon as possible. Sincerely, Mike Hickman, P.E. • Sr. Project Engineer cc: Keith Belden, MMI Dave Hutchinson James Nickelson HA3121\040\CORRESP\SNDRS7.WPD Page 2 of 2 • TABLE OF CONTENTS PART 1 SEPTEMBER 9, 1998 CONDITIONS OF APPROVAL IA September 9, 1998 letter from the Bozeman City-County Planning Office 1 B Responses to Conditions PART 2 FINDINGS OF FACT AND ORDER 2A Findings of Fact and Order 2B Responses to Conditions PART 3 ATTACHMENTS Referenced in: 3A Applications and Application Checklists: 3A-1 Subdivision Exemption Application Part 1, Condition 4 3A-2 Final Plat Application Part 1, Condition 4 3A-3 PUD Final Plan Submittal Checklist Part 1, Condition 4 • 3A-4 Major Site Plan Submittal Checklist Part 1, Condition 4 3B Certificates and Agreements: 3B-1 Platting Certificate Part 1, Condition 4 3B-2 Certificates of Acceptance Part 1, Condition 4 3B-3 Improvements Agreement for PUD Part 1, Conditions 1,7 3B-4 Improvements Agreement for Major Subdivision Part 1,Conditions 1,7 3B-5 Hold Harmless Agreement Part 1, Condition 1 3B-6 Waiver of Right to Protest Creation of SIDS Part 2, Condition 12 3C Permits: 3C-1 MPDES Permit Part 1, Condition 24 3C-2 310 Permit Part 1, Conditions 24,25 3C-3 404 Permit Part 1, Conditions 24,25 3C-4 MDT Access Agreements Part 1, C 23; Part 2, C 15 • TABLE OF CONTENTS PART 3 ATTACHMENTS (continued) Referenced in: 3D Correspondence: 3D-1 City of Bozeman approval (Utilities) Part 2, Condition 2 3D-2 MDEQ approvals (Utilities and Master Plan) Part 2, Condition 2 3D-3 January 29`h, 1999 letter to Tim Cooper Part 2, Condition 12 3D-4 January 5`h and 18`h, 1999 letters to Chris Saunders (with infrastructure cost estimates) Part 1, Condition I 3D-5 August 61h and 1.7`h, 1998 letters to Chris Saunders Part 1, Condition 19 3E Miscellaneous Attachments: 3E-1 List of Applicants/ Owners Part 1, Condition 4 3E-2 Floor Area Ratios Part 1, Condition 2 3E-3 Noxious Weed Management and Revegetation Plan Part 1, Condition 20 PART 4 DESIGN GUIDELINES • 4A Covenants and Restrictions Part 1, Condition 20 4B Building Design Guidelines Part 1, Conditions 11,12, 26 4C Overall Landscape Design Guidelines Part 1, Conditions 17, 18 4D Proposed Sign Guidelines Part 1, Condition 13 PART 5 DRAWINGS 5A Certificate of Survey for Lot Line Adjustment Part 1, Conditions 314 5B Final Plat Part 1, Conditions 3,4 5C Final Site Plan Part 1, Condition 3 5D Landscape Plan Part 1, Conditions 17, 18 5E Revised Grading Plan • Revised 611199 PART 1 : September 9, 1998 Conditions of Approval 1A - September 9, 1998 Letter from the Bozeman City' - Count Planning' '. Office y,. ,_ g BOZEM1 " 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 September 9, 1998 Dave Hutchinson Grant Creek Partners P.O. Box 16101 Missoula MT 59808 Dear Mr.Hutchinson: As you 'are aware, the City Commission has conditionally approved the Bridger Peaks Town Center Planned Unit Development in conjunction with the subdivision. There was one addition to the conditions recommended by the Planning Board. The conditions of approval are listed below. Panning. • 1. Prior to the approval of the Final Plan the land owner and developer shall sign an improvements agreement and a hold harmless agreement absolving the City of Bozccian of all responsibility relating to the development of the project concurrent with the installation of subdivision infrastructure. The City Attorney's Office shall prepare the hold harmless agreement. 2. All provisions of the Subdivision and Zoning regulations which are not specifically waived in the preliminary approval of the Plat and Plan shall be complied with. 3. The Developer shall have two (2)years from the date of preliminary approval to complete the conditions, conform to all regulations, and.submit a complete application for Final Plat and Final Plan approval.This approval period may be extended by the City Commission upon request of the applicant for a period to not exceed a total of five years. The developmental guidelines and master plan for.Phases 3 and 4 shall be approved for a period of five years. The approval of the guidelines may be extended upon request of the applicant to the City Commission. 4. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required appropriately worded certificates and a Platting Certificate. The Final Plat application shall include two signed cloth-backed, or equivalent, copies; two signed reproducible copies on a stable base polyester film,or equivalent; two digital copies on 3-1/2" DS/DD; and five (5)paper prints. The Final Plan shall conform to all requirements of Section • 18.54 of the Bozeman Municipal Code. • 5. The zoning coda requires loading facilities for all buildings over 15,000 square feet, (Section on 18.50.130). Only the proposed building on Lot 5 obviously indicates loading docks. The final plan shall indicate the provisions for loading facilities for the other buildings in the main building complex. 6. The pedestrian trails which intersect at N. 19`s and Oak Street shall align with the existing sidewalk on the south side of Oak Street at the point that the proposed trail intersects Oak Street. 7. The Planning Office will support the request to allow simultaneous construction of site improvements, infrastructure, and the building on Lots 2, 5, 8, and 11. The subdi�,ision and site improvements for water, sewer, and streets AU need to be financially guaranteed or constructed to allow the filing of the Final Plat and approval of the Final Plan prior to the commencement of construction on the Lot 5 building. 8. All barbed wire fences on the property shall be removed prior to Final Plan approval. 9. Grading within the greenway corridors, including berms, shall be indicated in the Final Plan submittal with a maximum of one foot intervals between contours. 10. The bridge between Phases 1 & 3 shall include a dedicated pedestrian lane. Design Review Board: 11. Lighting fixtures utilized«1th the project shall, either by placement or fixture construction, conceal the luminare from view of the street and/or adjacent properties. • 12. The final PUD plan shall include in the architectural design guidelines requirements for the design of the sides and rear of buildings, where they are Visible,to maintain the visual character, if not the level of detail, of the main facade of the structure. 13. For the purposes of the design guidelines in the comprehensive signage plan all four phases of the project shall be considered as a single project. A total of two free standing signs containing commercial messages shall be allowed in Phases 1 and 2 as proposed in the project submittal. The design and total square footage of commercial signage in the two allowed signs shall conform to that shown in the project submittal Appendix K, Signage Design Guidelines. For the purposes of the calculation of allowable wall signage area each lot shall be considered independently and shall not exceed the amount of signage allowed under Section 18.65 of the zoning code or its successor. Other directional signs are allowed as described in section 18.65 of the zoning code or its successor. 14. The final PUD plan shall include proposed locations for trash enclosures. 15. The project shall include bicycle racks. This requirement may be met by including the placement of bicycle racks in the overall design guidelines. 16. Modifications shall be made to the placement of two islands and the inclusion of four others to meet the requirement of all parking stalls being within a maximum of 90 feet from a tree trunk and to not allow uninterrupted parking of more than 100 feet. The locations for additions is the western edge of the main parking lot of Lot 5 between Lots 4 and 6; the southern edge of • the main parking of Lot 5 lot between Lots 2 and 3;the fourth bank of parking stalls north of the pedestrian way in Lot 5; and the second bank of parking stalls south-east of the pedestrian way in Lot 5. Further,the landscape islands in the second and third banks of parking stalls north of the pedestrian way in Lot 5 shall be moved three stalls to the South-East. 17. Visual screening plantings shall be provided along the eastern boundary of Lot 5 to comply with the requirements of Section 18.50.100.D.5.d. which requires the visual screening of loading docks. The loading area, dumpsters, and other equipment to the east of the main building complex are required to be visually screened from adjacent properties. 18. Additional landscaping shall be provided in the Oak Street and N. 19"Avenue corridors to achieve full compliance with the required plantings listed in Section 18.54.110.G, Greenway Corridor Landscape Standards. 19. For the purposes of calculating the required open space all four phases of the project shall be considered a single project. If open space in compliance with Section 18.54.110.F is not provided in each independent phase then subsequent phases shall provide additional open space so that the total open space upon completion of all four phases shall not be less than that required by Section 18.54.1101. Landscaping islands within parking areas which are less than 300 square feet in area shall not count toward required open space. 20. The proposed covenants shall be filed as a part of the Final Plat. The City of Bozeman shall be a party to the covenants such that the covenants may not be revoked or substantially modified without the consent of the City of Bozeman. The City shall be party to those provisions of the covenants relating to Lot Access; Easements; Architectural, Signage, and Landscaping Guidelines; and those portions of the Liens section which relates to the maintenance of the required open space. Revocation of Article IV, Easements, shall require either the replatting • of the subdivision to provide for public access to all Lots or the filing, Nvith City of Bozeman agreement, of separate easements to provide for the legal and physical access requires by Section 76-3-608 M.C.A. and its successors. Fire: 21. Until such time as the fire hydrant system is installed,tested, and accepted, construction on site shall be limited to non-combustible building shell construction only. Under no circumstances shall combustible construction or interior tenant improvements be allowed until such a time as the pressurized water system is installed and accepted. Additionally,high quality all weather access roads shall be provided and maintained at all times to allow emergency response equipment access to the site Engineering: 22. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channeL The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), • typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. • Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. The applicant is advised that although the submitted plan has been preliminarily reviewed and is acceptable in concept, the plan Hill be evaluated further upon review of the infrastructure and final site plan for the subdivision. The applicant is encouraged to utilize a combination system of underground storm drains and the proposed swales within the parking lot on the west side of the buildings to allow patrons to walk from the parking lot to the building without crossing a "stream" during minor rain events and snow melting. A detailed site grading plan for Phases I and H shall be provided for approval with the initial FSP submittal. The grading plan shall account for the development of the future phases and provide a phasing schedule for the installation of the storm water improvements. 23. The Oak Street drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. MDT • approval of all approaches onto North 19th and Oak shall be obtained prior to construction. 24. The Montana Fish, Wildlife and Parks,r-RCS, D.iontana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. Copies of the approvals shall be submitted with the FSP. 25. Ditch/Stearn relocation: The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. 26. A detail of all light fixtures shall be provided with the Final Site Plan. All light fixtures shall be arranged to deflect light down and/or away from adjoining properties and streets. Lighting standards shall not exceed 20 feet or the height of the structure whichever is lower. Lighting fixtures must incorporate cut-off shields to direct light downward. Luminaires and lenses shall not be visible from adjacent streets or properties. Fixtures should be compatible with architectural and site design. In addition to the conditions listed above, the Commission also suggested that Grant Creek Partners approach the owners of the mobile home park south of Oak Street regarding possible donations of spoil dirt for berming at the park to help mitigate noise from Oak Street. • The approval of the Planned Unit Development is valid for three (3) years. An extension of no more than eighteen months beyond the three years may be requested and may or may not be • approved at the discretion of the Planning Director and Planning Board. The Final Site Plan for the Planned Unit Development must be submitted concurrently with the Final Plat application for the subdivision done in conjunction with the project. Approval of both portions of the project must occur prior to filing of the Final Plat. The design guidelines and master plan for Phases 3 and 4 will be valid for five (5) years after the final approval of the project. Extensions to that approval may also be requested. Congratulations on the approval of your project. We wish you the best of luck with your endeavors. If you have any questions please contact me and I will be happy to assist you. Sincerely, Chris Saunders Associate Planner cc: Morrison-Maierlie • Fehlman-LaBarre Shelly Engler File • 1B - Responses to Conditions • RESPONSES TO CONDITIONS (SEPTEMBER 9, 1998 LETTER) The Conditions of Approval declared in the September 9, 1998 letter from the Bozeman City- County Planning Office to Dave Hutchinson have been reproduced here in italics. Responses follow each condition in regular text. PLANNING CONDITIONS 0 THROUGH 10). Condition I Prior to the approval of the Final Plan the land owner and developer shall sign an improvements agreement and a hold harmless agreement absolving the City of Bozeman of all responsibility relating to the development of the project concurrent with the installation of subdivision infrastructure. The City Attorney's Office shall prepare the hold harmless agreement. The land owner and developer are prepared to sign the improvements/hold harmless agreements to financially guarantee that certain infrastructure improvements will be constructed. The agreements will apply to the following infrastructure improvements: 1. On-site Improvements (Phases I and II) 2. North 19th Avenue Improvements 3. North 19th Avenue/Oak Street Intersection Improvements • 4. Oak Street Improvements The Applicant will sign the agreements before final approval. It is understood that construction and/or financial guarantee of water, sewer and street improvements must be completed prior to allowing the filing of the Phase I/II Final Plat and Final Site Plan, and also prior to beginning construction of the Lot 5 building (Building "A"). Refer to the following attachments: Attachment 3B-3: Improvements Agreement for PUD Attachment 3B-4: Improvements Agreement for Major Subdivision Attachment 3B-5: Hold Harmless Agreement Attachment 3D-4: January 5`h and 18`h, 1999 letters to Chris Saunders (with infrastructure cost estimates) Condition 2 All provisions of the Subdivision and Zoning regulations which are not specifically waived in the preliminary approval of the Plat and Plan shall be complied with. All provisions of the Subdivision and Zoning regulations which are not specifically waived in the preliminary approval of the Plat and Plan have been complied with. • Condition 3 The Developer shall have two (2)years from the date ofpreliminary approval to complete the conditions, conform to all regulations, and submit a complete application for Final Plat and Final Plan approval. This approval period may be extended by the City Commission upon request of the applicant for a period not to exceed a total offive years. The developmental guidelines and master • plan for Phases 3 and 4 shall be approved for a period offive years. The approval of the guidelines may be extended upon request of the applicant to the City Commission. The Final Plat and Final Plan application (Phases I and II) were submitted on November 25, 1998. Following the November 25th submittal, the applicant responded with revisions and additional information in conformance with City Planning Staff comments. This occurred less than 2 years after the September 9, 1998 preliminary approval date. All conditions of approval have been complied with. Condition 4 The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required appropriately worded certificates and a Platting Certificate. The Final Plat application shall include two signed cloth- backed, or equivalent, copies; two signed reproducible copies on a stable base polyester film, or equivalent; two digital copies on 3-112"DS/DD; and five (5) paper prints. The Final Plan shall conform to all requirements of Section 18.54 of the Bozeman Municipal Code. The Final Plat for Phases I and II conforms to all the requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats. A Certificate of • Survey (C.O.S.), for a lot line adjustment that will be made prior to final platting, is attached. The Final Plat for Phases I and II is accompanied by all the required appropriately waded certificates and a Platting Certificate. The application includes 2 signed reproducible mylar copies, two digital copies on 3.5" floppy disks and 6 paper(blueline) copies. The final Plan conforms to Section 18.54 of the Bozeman Municipal Code, and the required application materials are attached. Refer to the following attachments: Attachment 3B-1: Platting Certificate Drawing 5A: Certificate of Survey for Lot Line Adjustment Drawing 5B: Final Plat Condition 5 The zoning code requires loading facilities for all buildings over 15,000 square feet, (Section 18.50.130). Only the proposed building on Lot 5 obviously indicates loading docks. The final plan shall indicate the provisions for loading facilities for the other buildings in the main building complex. Loading and unloading for all buildings in the main building complex (Buildings"A"' through"H," refer to Final Site Plan) will occur via a service drive at the rear of the buildings. Loading areas for Buildings "A,""D" and "H," all larger than 15,000 square feet, are shown on the Final Site Plan. An additional loading area is shown for Building "B,"which is approximately 9,000 square feet in size. The two loading facilities for Building "A" are approximately two feet below surrounding grade next to the building, and will require depressed truck wells with retaining walls and tr-.nch drains for storm runoff. All other loading areas are level with the surrounding finished pavement grades. • Condition 6 The pedestrian trails which intersect at N. 19'`'and Oak Street shall align with the existing sidewalk on the south side of Oak Street at the point that the proposed trail intersects Oak Street. The pedestrian trails will terminate at the existing handicap ramp on the northeast corner of the North 19th Avenue/Oak Street intersection, near the 45-degree point(midpoint) along the curb/edge of pavement radius. This existing ramp generally aligns with the sidewalk on the south side of Oak Street. Condition 7 The Planning Office will support the request to allow simultaneous construction of site improvements, infrastructure, and the building on Lots 2,5,8, and IL The subdivision and site improvements for water, sewer, and streets will need to be financially guaranteed or constructed to allow the filing of the Final Plat and approval of the Final Plan prior to the commencement of construction on the Lot 5 building. It is understood that the construction and/or financial guarantee of water, sewer and street improvements must be completed prior to allowing the filing of the Phase I/II Final Plat and Final Site Plan, and also prior to beginning construction of the building on Lots 2,5,8, and 11. Financial guarantees for improvements are discussed in the response to Condition 1. • Refer to the following attachments: Attachment 3B-3: Improvements Agreement for PUD Attachment 313-4: Improvements Agreement for Major Subdivision Condition 8 All barbed wire fences on the property shall be removed prior to Final Plan approval. All barbed wire fences in Phase 1/II areas have been removed. Removal of barbed wire fences in the Phase III/IV areas will occur at the time of development, allowing the existing agricultural/rangeland uses to continue in these areas until development occurs. Condition 9 Grading within the greenway corridors, including berms, shall be indicated in the Final Plan submittal with a maximum of one foot intervals between contours. Greenway corridor grading is shown on the Grading Plans. Refer to the Construction Drawings for Bridger Peaks Town Center-Sewer, Water, Road and Grading Improvements, Sheets E-1 and E-2. Condition 10 The bridge between Phases 1 & 3 shall include a dedicated pedestrian lane. The bridge between Phases I and III is not part of Phase I/II construction. If the bridge is • constructed as part of future development, a dedicated pedestrian lane will be included. • DESIGN REVIEW BOARD CONDITIONS(11 THROUGH 20) Condition 11 Lighting fixtures utilized with the project shall, either by placement or fixture construction, conceal the luminare from view of the street and/or adjacent properties. Light fixture details meeting this condition are included in the revised Building Design Guidelines. Refer to the following attachments: Attachment 4B: Building Design Guidelines Condition 12 The final PUD plan shall include in the architectural design guidelines requirements for the design of the sides and rear of buildings, where they are visible, to maintain the visual character, if not the level of detail, of the main facade of the structure. The revised Building Design Guidelines require the sides and rear of any structure to maintain the visual character, if not the level of detail, of the main facade (front) of the structure. Refer to the following attachments: • Attachment 4B: Building Design Guidelines Condition 13 For the purposes of the design guidelines in the comprehensive signage plan all four phases of the project shall be considered as a single project. A total of two free standing signs containing commercial messages shall be allowed in Phases 1 and 2 as proposed in the project submittal. The design and total square footage of commercial signage in the two allowed signs shall conform to that shown in the project submittal Appendix K, Signage Design Guidelines. For the purposes of the calculation of allowable wall signage area each lot shall be considered independently and shall not exceed the amount of signage allowed under Section 18.65 of the zoning code or its successor. Other directional signs are allowed as described in section 18.65 of the zoning code or its successor. Revised Signage Design Guidelines were included with the Final Site Plan submittal. The design and total square footages of the two (primary and secondary) Phase I/II "Freestanding ID/Tenant Signs" have not been changed from those in Appendix K of the Preliminary Plat/PUD application, and therefore conform to Appendix K. For the purposes of the calculation of allowable wall signage area, each lot will be considered independently and will not exceed the amount of signage allowed under Section 18.65 of the current zoning code or its successor. Directional signs will meet the requirements of Section 18.65 of the zoning code or its successor. Refer to the following attachments: • Attachment 4D: Sign Guidelines 0 • Condition 14 The final PUD plan shall include proposed locations for trash enclosures. Proposed trash enclosure locations are shown on the Phase I/II Final Site Plan. Refer to the following attachments: Drawing 5C: Final Site Plan Condition 15 The project shall include bicycle racks. This requirement may be met by including the placement of bicycle racks in the overall design guidelines. The placement and design of bicycle racks is addressed in the revised Building Design Guidelines, which are attached to the response to Condition No. 11. Condition 16 Modifications shall be made to the placement of two islands and the inclusion of four others to meet the requirement of all parking stalls being within a maximum of 90 feet from a tree trunk and to not allow uninterrupted parking of more than 100 feet. The locations for additions is the western edge of the main parking lot of Lot 5 between Lots 4 and 6; the southern edge of the main parking of Lot 5 lot between Lots 2 and 3; the fourth bank of parking stalls north of the pedestrian way in Lot 5; and the second bank of parking stalls south-east of the pedestrian way in Lot 5. Further, the landscape islands in the second and third banks of • parking stalls north of the pedestrian way in Lot 5 shall be moved three stalls to the South-East. The requested modifications have been incorporated into the Phase I/II Final Site Plan. Refer to the following attachments: Drawing 5C: Final Site Plan Condition 17 Visual screening plantings shall be provided along the eastern boundary of Lot 5 to comply with the requirements of Section 18.50.100.D.5.d. which requires the visual screening of loading docks. The loading area, dumpsters, and other equipment to the east of the main building complex are required to be visually screened from adjacent properties. Visual screening in accordance with Section 18.50.100.D.5.d of the Bozeman Zoning Ordinance will be accomplished by planting Colorado Spruce, Patmore Ash and Scotch Pine in a landscape corridor east of the main building complex and adjoining service drive. The requested visual screening is shown on the Landscape Plan. Refer to the following attachments: • Attachment 4C: Overall Landscape Design Guidelines Drawing 5D: Landscape Plan • Condition 18 Additional landscaping shall be provided in the Oak Street and N. 19"Avenue corridors to achieve full compliance with the required plantings listed in Section 18.54.110.G, Greenway Corridor Landscape Standards. Visual screening in accordance with Section 18.54.110.G of the Bozeman Zoning Ordinance will be accomplished by planting a variety of plant species in the North 19th Avenue and Oak Street greenway corridors. The requested visual screening is shown on the Landscape Plan. Refer to the followini attachments: Attachment 4C: Overall Landscape Design Guidelines Drawing 51): Landscape Plan Condition 19 For the purposes of calculating the required open space all four phases of the project shall be considered a single project. If open space in compliance with Section 18.54.110.F is not provided in each independent phase then subsequent phases shall provide additional open space so that the total open space upon completion of all four phases shall not be less than that required by Section 18.54.110 F. Landscaping islands within parking areas which are less than 300 square feet in area shall not count toward required open space. As calculated on the Phase I/II Final Site Plan, 28.65 percent of the "net useable area" (total land area of Phases I through IV, excluding current and future dedicated right-of-way) is provided as • open space. Please refer to August 17, 1998 letter to Chris Saunders. This letter accompanied a revised site plan addressing the relocation of the access opposite North 17`h Avenue and the resultant impact to open space. The revised site plan and letter, which were reviewed and approved by DRC and the Planning Board on August 18, 1998, specified 28 percent open space for the project. Phase I/II open space area calculations do not include landscape islands under 300 square feet in size. Refer to the following attachments: Attachment 3D-5: August 6`h and 17`h, 1998 letters to Chris Saunders Condition 20 The proposed covenants shall be filed as apart of the Final Plat. The Ciry of Bozeman shall be a party to the covenants such that the covenants may not be revoked or substantially modified without the consent of the City of Bozeman. The City shall be party to those provisions of the covenants relating to Tot Access; Easements;Architectural, Signage, and Landscaping Guidelines; and those portions of the Liens section which relates to the maintenance of the required open space. Revocation of Article IV, Easements, shall require either the replatting of the subdivision to provide for public access to all Lots or the filing, with City of Bozeman agreement, of separate easements to provide for the legal and physical access required by Section 76-3-608 M.C.A. and its • successors. The City has been made a party to the covenants as required. s � • Refer to the following attachments: Attachment 4A: Covenants and Restrictions Attachment 3E-3: Noxious Weed Management and Revegetation Plan FIRE CONDITIONS (CONDITION 21): Condition 21 Until such time as the fire hydrant system is installed, tested, and accepted, construction on site shall be limited to non-combustible building shell construction only. Under no circumstances shall combustible construction or interior tenant improvements be allowed until such a time as the pressurized water system is installed and accepted. Additionally, high quality all weather access roads shall be provided and maintained at all times to allow emergency response equipment access to the site. As requested, on-site construction will be limited to non-combustible building shell and foundation construction until the pressurized water supply system and fire hydrants are installed, tested and accepted. In addition, all-weather access for emergency response equipment will be in place prior to any construction utilizing combustible materials. ENGINEERING CONDITIONS (22 THROUGH 26): • Condition 22 Stormwater Master Plan: (a) A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runofffrom the private and public streets and all lots must be provided to and approved by the City Engineer. (b) The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. (c) Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. (d) While the runofffrom the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention falilities for • each lot will be established based on maximum site development. Final j facility sizing may be reviewed and reduced during design review of the FSP for each lot. • (e) The applicant is advised that although the submitted plan has been preliminarily reviewed and is acceptable in concept, the plan will be evaluated further upon review of the infrastructure and final site plan for the subdivision. The applicant is encouraged to utilize a combination system of underground storm drains and the proposed swales within tl:e parking lot on the west side of the buildings to allow patrons to walk from the parking lot to the building without crossing a "stream"during minor rain events and snow melting. (� A detailed site grading plan for Phases I and II shall be provided for approval with the initial FSP submittal. The grading plan shall account for the development of the future phases and provide a phasing schedule for the installation of the stormwater improvements. A Stormwater Master Plan for the project (Revised Drainage Design Report for Bridger Peaks Town Center) was submitted to the City for review and approval by the City Engineer. The document was revised extensively from the original design report included as Appendix J of the Preliminary Plat/PUD application (dated June 1998)to address this Condition No. 22, as follows. Responses correlate to Condition No. 22 paragraph numbers as identified above. a. The system of sheet flow through vegetated areas, flow through vegetated open • ditches, and residence time in on-site detention ponds will serve to remove solids, silt, oils, grease and other pollutants from on-site runoff, and also from Oak Street and Tschache Lane runoff. Runoff from North 19th Avenue, which is very small due to superelevation (cross slope to the west), will be treated by biofiltration in the roadside ditch. b. Drainage easements are provided for in Sec. 4.02 of the covenants (site-wide "blanket easement") and on the Final Plat. Drainage easements will be provided through Phase III and Phase IV areas. The utility construction drawings (Construction Drawings for Bridger Peaks Town Center-Sewer, Water, Road and Grading Improvements) include a Final Grading Plan(Sheets E-1 and E-2) and an outlet structure detail for Pond 2 on Sheet D-1. The storm water maintenance plan is located in Section 7.02(b)(vi) of the covenants. c. All ponds planned for Phases I and 11 will be located in open space areas. Pond 1 will be maintained (mowed) lawn within the North 19`h Avenue entryway corridor, and will be conducive to this use. Ponds 2, 3 and 4, because they are located in Phase III/IV areas, are likely to be modified in the near future. For this reason, Ponds 2, 3, and 4 will be seeded with native grasses to blend with the surrounding undeveloped agricultural areas. • d. All detention ponds were sized based on maximum site development of Phases I and II. Pond 2 was sized for all of Phases I and II, and can be expanded to provide some or all of the detention requirements for Phase IV. The balance of required detention volume for Phases III and IV will be provided with the design of these phases. I • e. The site was re-designed to drain storm runoff away from the main building complex into an underground storm drain system. This will reduce surface runoff and allow steeper slopes (1 to 3 percent)than the preliminary plan, both of which will reduce the volume and depth of flow over the paved areas. f. A detailed site grading plan was provided with the utility construction drawings (Construction Drawings for Bridger Peaks Town Center - Sewer, Water, Road and Grading Improvements). The grading and drainage plan accounts for the development of future phases by anticipating future detention needs in sizing the Phase I/II detention pond (Pond 2). In the future, when Tschache Lane is extended across the unnamed stream/ditch (Farmers Canal ditch), culvert construction under the new street will improve the stream's hydraulics and drop the 10-year water surface elevation of the stream/ditch. The pond bottom can then be excavated to provide additional detention volume for the 10-year storm. At the same time, additional inlets could be constructed at the low point in Tschache Lane to collect additional street runoff for treatment. Condition 23 The Oak Street drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. MDT approval of all approaches onto North 19,h and Oak shall be obtained prior to construction. • The Phase I Oak Street drive approach will be constructed as a 45-foot-wide approach with 30-foot curb radii, to allow large buses safe entry and exit from the site. The approach will be constructed with a through sidewalk and concrete ramp in accordance with the City of Bozeman Standard Drawing No. 02529-11. No other driveway approaches will be constructed at this time. Permits have been received from the Department of Fish, Wildlife and Parks (310 Permit) and the Army Corps of Engineers (404 Permit) for constructing a concrete vault and triple 42-inch concrete pipe extension of the existing 60-inch Farmers Canal pipe, which terminates on the north side of Oak Street. The need for this pipe extension arose when the City required, through the PUD approval process, that a second Oak Street entrance would need to align with the existing North 17th Avenue on the south side of Oak Street. A second Oak Street access is not needed for construction of Phases I and II. The specific design of a second access may be revisited at the time Phases III and IV are developed. Refer to the following attachments: Attachment 3C-4: MDT Access Agreements Condition 24 The Montana Fish, Wildlife and Parks, NRCS, Montana Department of • Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. Copies of the approvals shall be submitted with the FSP. • 9 • The permits applicable to this site are the MPDES Permit for Construction Activities (Montana Department of Environmental Quality), the 310 Permit (Montana Department of Fish, Wil;dlife and Parks), and the 404 Permit (Army Corps of Engineers). Approvals were obtained for all three permits; the permits are attached. Refer to the following, attachments: Attachment 3C-2: MPDES Permit Attachment 3C-3: 310 Permit Attachment 3C-4: 404 Permit Condition 25 Ditch/Stream relocation: The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. No ditch or stream relocation is proposed at this time. If required in the development of Phases III and IV, the applicable permits will be obtained. Placement of a portion of the existing stream-ditch into a 42" triple-barrel culvert downstream of the Farmers Canal Pipe outfall was approved in the 310 and 404 permits; the permits are attached. • Refer to the following attachments: Attachment 3C-2: 310 Permit Attachment 3C-3: 404 Permit Condition 26 A detail of all light fixtures shall be provided with the Final Site Plan. All light fixtures shall be arranged to deflect light down and/or away from adjoining properties and streets. Lighting standards shall not exceed 20 feet or the height of the structure whichever is lower. Lighting fixtures must incorporare cut-off shields to direct light downward. Luminaires and lenses shall not be visible from adjacent streets or properties. Fixtures should be compatible with architectural and site design. Light fixture details are included`in the revised Building Design Guidelines. Refer to the following attachments: Attachment 413: Building Design Guidelines • HA3 l21\040\CORRESP\conditions 1.wpd PART 2: Findings of Fact and Order 2A - Findings of Fact and Order i i i • BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY,MONTANA IN THE MATTER OF THE APPLICATION OF GRANT FINDINGS OF FACT CREEK PARTNERS FOR PRELIMINARY PLAT OF THE AND ORDER BRIDGER PEAKS TOWN CENTER,ON BEHALF OF PHILLIP SACCOCCIA JR. PURSUANT to the Montana Subdivision and Platting Act,Section 76-3-101 through 76-3-625, Montana Codes Annotated,and the Bozeman Area Subdivision Regulations,Bozeman Area Master Plan, and Bozeman Zoning Ordinance, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat for a thirteen(13)lot,four phase,major subdivision as submitted in its original form by the applicant on June 19, 1998, (P-9833), together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. The City Commission also considered public testimony and the recommendation of the Bozeman City-County Planning Board concerning the application. The subdivision is to be developed in conjunction with a Zoning Planned Unit Development, Z-98113, which application and materials were submitted simultaneously with the subdivision application. It appeared to the City Commission that all parties and the public wishing to appear and comment before the City-County Planning Board were given the opportunity to do so,and,therefore,being fully advised of all matters having come before it regarding this application,the City Commission makes the following Findings of Fact,as required: FINDINGS OF FACT 1. The application submitted by Grant Creek Partners for approval to subdivide 42.24 acres,owned by Phillip Saccoccia Jr.,into thirteen lots in four phases on property located in the NW'/<of Section 1, T.2S,R.5E,PMM,Gallatin County,Montana,was made on June 19, 1998.All lots in the subdivision are for commercial purposes and uses as allowed by the applicable zoning regulations. The application I BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Pagel • • requested that the legal and physical access and utility easements required by Section 76-3-608 M.C.A. • be satisfied through the use of reciprocal easements among the property owners of the subdivision. The application further requested that the applicant be permitted to begin the construction of buildings prior to the completion of all infrastructure necessary to service the subdivision. II. I The comments of the Development Review Committee, along with those of the City-County Planning Staff,were incorporated into a Staff Report,including suggested conditions of approval,which was provided to the Bozeman City-County Planning Board for consideration at their August 15, 1998 regular meeting. III. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed the staff report and noted that upon the request of the applicant the Development Review Committee had reevaluated and modified some of the proposed conditions for the project. The modified conditions,Numbers 2, 13, 14,and 20 of the staff report,were provided to the Planning Board for their • review. The changes in the conditions addressed the request to begin construction on certain buildings prior to the full completion of required off-site improvements. Previously the conditions had specifically referenced Lot 5. The modified conditions reference Lots 2,5,8,and 11. Staff reviewed the findings which justify the conditions,noting especially those conditions which related to traffic generation and mitigation and the relationship between the installation of mitigation improvements and Conditions 2, 13, 14,and 20 which address the timing of construction of buildings. The applicants made a presentation in favor of the requested subdivision, and presented the reasoning behind proposed covenant restrictions and an operational plan which will integrate the subdivision and allow the use of reciprocal easements for legal and physical access and utilities. The applicants responded to questions from the Planning Board regarding landscaping and site drainage. The Planning Board then opened the public hearing. One member of the public offered comment on the need for the signalization of the N. 19"and Oak Street and N. 19"and Baxter Lane intersections and encouraged the Planning Board to require such installation prior to commencement of construction. Following a call for additional public input and receiving no response the Planning Board closed the public • hearing. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 2 • 0 The Planning Board,finding that the application complied with the required criteria established • in M.C.A. §76-3-608, voted unanimously to recommend approval of the subdivision as shown on the submitted drawings and materials,with modified conditions as recommended by StaE IV. The application was considered by the Bozeman City Commission at their regular meeting on September 8, 1998,at which time the recommendation of the Planning Board was reviewed by the City- County Planning Staff. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute,and found as follows: A. PRIMARY REVIEW CRITERIA AGRICULTURE: This project will remove approximately 42.24 acres from grazing and small grain production uses. The site is within the City of Bozeman and has been for many years. The property has been designated in the City's master plan for urban development since at least 1990 and was changed in 1997 to a Commercial master plan designation. No significant impact is anticipated from the development. • AGRICULTURAL WATER USER FACILITIES There are two water conveyances on the property, the Farmer's Canal and Walton's Ditch. No changes of any sort are proposed to the piped section of the Farmer's Canal along the southern edge of the property. Per Section 16.14.050.0 of the Bozeman Area Subdivision Regu:ations no change in water volume flows may occur due to modifications made by development.To ensure the proper storm water treatment and management a storm water master plan must be prepared which demonstrates location and sizing of water detention ponds, transmission routes and facilities, and coordination of work across the site. The applicant is considering possible changes to Walton's Ditch to accommodate a condition of approval relating to access points.Walton's Ditch is considered to be a Stream/Ditch combination north of Oak Street. A 3 10 permit must be acquired for any modifications to a stream or active ditch. The applicant's must contact the necessary agencies prior to any modifications of the stream/ditch or any wetlands.The necessary easements to allow for maintenance ofthe ditch must be shown on the final plat. Section 16.14.050.0 requires that the easements be 15'on one side of the ditch and 5'on the other. The required easements shall be clearly shown on the final plat.In no case will the maintenance of either ditch be the responsibility of the City of Bozeman. LOCAL SERVICES Police and Fire protection are currently available to this site.The development of the property will increase the likelihood of emergency services being required. The Police have stated in their comments on this subdivision that they are concerned with the traffic patterns in.and around the proposed subdivision. They note that without signalization of the Oak Street and N. 19" intersection and other improvements to N. 19"Ave.the likelihood of serious accidents is increased. • They also noted that improvements should be made in conjunction with the development of the project. The Fire department in their comments noted that adequate provision of fire flow and hydrant placing was of concern. The project will extend water mains which will supply hydrants distributed throughout the project. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 3 0 ! Water service can be provided with proper extensions and looping of existing main lines and • installation of additional mains by the developer. However,provision must be made for appropriate locations and numbers of service connections to individual lots as discussed above. The plans and specifications for any extensions of lines must be reviewed and approved by the City of Bozeman and State of Montana prior to any work commencing to ensure compliance with applicable standards intended to protect the public and maintain the proper function of the water and/or sewer system. Any extensions of lines must be within standard City of Bozeman easements. In conjunction with the installation of Oak Street between N. 7'" Ave. and N. 19' Ave. the City installed a water line to prevent a future installation from damaging the road.The applicant must pay to the City of Bozeman a proportionate amount to reimburse the City for the expense of the installation of the water line along Oak Street. With the annexation of the property to the City a provision of water fights was required but was deferred until development. With this development addition demand will be placed on the City water system which the City cannot meet. To provide for adequate water supply the developer must provide the required water rights, as previously agreed,which will ensure a sufficient water source for the development of the site. The proposed development may be adequately served by the adjacent sewer trunk line. In order to prevent multiple taps into the trunk line sewer services to individual lots shall be provided by a single sewer main which will then connect to the trunk line. In designing the sewer services, if sufficient grade exists under Tschache Lane then the proposed sewer line shall extend to the east boundary line to facilitate future extension of the sewer line to the east. All proposed water and sewer lines shall be matched with corresponding City standard easements to facilitate proper maintenance and upkeep of the water and sewer systems. Over 8,000 additional vehicle trips per day are estimated to be generated by the development of this subdivision at full build out. This will be dependent upon the nature of the businesses which locate in the area. The existing roads and intersections in the area are not capable of carrying the additional traffic load. Improvements to the N. 19"Ave.and Oak Street intersection and other areas must be completed in order to allow the safe movement of traffic in this area. Section 16.18.050.D.7 establishes a minimum level of service"C"for arterial intersections. The necessary improvements to • lane configurations on Oak Street and N. 19'Ave.and the signalization of the intersection to reach Level of Service C in a 15 year design horizon must be completed or financially guaranteed prior to the filing of the final plat. All improvements to N. 19'Ave. must be completed with the first phase of the project. All of the necessary water,sewer,and transportation improvements for Phases I and 2 shall be installed, operational, and accepted by the City of Bozeman before the opening of any building for operation whether or not the improvements have been financially guaranteed. The intersection of roads and drive accesses must conform to City of Bozeman and State of Montana standards to insure their proper function and ability to be maintained. The first two phases of the development will rely principally upon Oak Street and N. 19'Ave. for access. With the development of phases three and four traffic will need to use Tschache Lane for access. Before the final plat can be filed for either phase three or phase four a warrant analysis must be conducted for the intersection of Tschache Lane and N. 19" Ave. to evaluate the need for signalization. If a signal is warranted it will be a finding of fact that to preserve public safety the signal must be installed or financially guaranteed,as allowed in state law,prior to the final platting of either phase three or four. Approval from the Montana Department of Transportation must be received for any approaches onto Oak Street or N. 19'Ave. The applicants requested through the Zoning PUD to be allowed to proceed with the construction of buildings prior to the final acceptance of all of the various project related on and off-site improvements. They argue that water,sewer,and streets are immediately available to the site and that there is a legally existing tract of land which is within the City. The commencement of construction prior to the installation of off-site transportation improvements will not jeopardize the public health and safety if said improvements have been properly financially guaranteed or completed and accepted by the City. Further, adequate provisions for emergency vehicular access be made and that no combustible building materials be utilized until the water improvements have been installed,accepted,and are functional,being able to supply sufficient water for fire protection purposes.No occupancy,including temporary occupancy,shall be allowed prior • to full installation and acceptance of all required improvements. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Paqe 4 • EFFECT ON THE NATURAL ENVIRONMENT • The site has a gentle slope to the northeast with a total elevation change of approximately 12 vertical feet. The project will be incorporated into the existing grade and will attempt to minimize the amount of cuts and fills required. As a commercial subdivision a considerable amount of impervious surface has been proposed. A master drainage plan has been submitted with the application and is generally acceptable. During final reviews some modifications may be required. The stormwater will discharge to Walton's Ditch where it has in the past. The drainage system will incorporate controlled release features to prevent surges of runoff into the existing stream channel.In conjunction with any site development which involves ditches or wetlands the proper permitting agency must be contacted and any necessary permits or approvals for work shall be obtained. WILDLIFE AND WILDLIFE HABITAT As this property has been actively in agricultural production, no significant, adverse effects on wildlife or their habitat have been identified for this area. The onsite detention ponds will reduce hazardous runoff and discharge to the East Gallatin downstream. A 310 permit must be obtained prior to any modifications to the stream/ditch. The stream/ditch has been proposed to be possibly modified to accommodate a relocation of a drive access. The modification may be made subject to 310 permit review. PUBLIC HEALTH AND SAFETY The greatest possible impact to public health and safety is related to the high volume traffic flows adjacent to the site and the considerable traffic anticipated to be generated by development of this project. The existing street system in the area is insufficient to provide safe access to the property after development without substantial improvement.The developer of this project,in-conjunction with other development in the area,must provide a properly designed and configured traffic signal at the • intersection of N. 19' Ave. and Oak Street. Additional lane width and improvements must be provided along Oak Street and N. 19"Ave.to accommodate the turning movements into and out of the project. All street improvements must be reviewed and be acceptable to the Montana Department of Transportation and the City of Bozeman prior to construction of the improvements. As development is generating the need for improvements at the intersections of N. 19'Ave.and Durston Road and Baxter Lane a unified traffic study must be prepared to ensure that the improvements will be properly coordinated and not conflict. To provide for safe traffic movements the eastern private access onto Oak Street crust be realigned to match with the existing N. 17' Ave. The future contribution of this development to necessary improvements to Tschache Lane and N. 15'h Ave.need to be made certain. For this purpose waivers of right to protest creation of SIDs shall be provided. This will balance the need for future funding with desire of property owners to not be required to commit cash funds at this time. In accordance with the Bozeman Area Subdivision Regulations, all improvements required with a subdivision must be completed or financially guaranteed prior to the final platting of the subdivision. The development may proceed as requested on specific lots after the proper financial guarantee has been provided without hazard to the public. However,certain limits on construction are necessary to ensure that fire protection and emergency vehicle access is provided. No operation or occupancy of buildings may be allowed until all improvements have been completed and accepted by the state and City. The general area where this subdivision is located is undergoing rapid transition and development. As this is the case the conditions necessary for approval are also subject to change. To ensure that conditions remain consistent with need the subdivision shall be approved for two years with a possibility of future extensions should the need arise. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. • The survey requirements will be complied with when the final plat is filed. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 5 • • C. COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS • This subdivision is being processed as a PUD. The reason for this is that the development relies on a number of modifications to the standard regulations. The major elements of the PUD review relate to the provision of physical and legal access and utility easements.Additionally,the applicant desires to be able to begin construction of buildings prior to the completion of all infrastructure. This will require approval via the PUD process to vary from the terms of Chapter 16.22 of:he Bozeman Area Subdivision Regulations. This is discussed in Effects on Local Services above. The application complies with the subdivision PUD review procedures. To complete local regulation compliance the Final Plat must be submitted in compliance with the state and local regulations. A platting certificate must accompany the plat. As the developers are relying upon covenants to complete a portion of the requirements of the Bozeman Area Subdivision Regulations and state law the City of Bozeman must be a party to the covenants. The covenants must be filed in conjunction with the Final Plat. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. The applicants have proposed that utilities be provided through a general grant of utility easements through covenants rather than a typical easement centered on a property line.Because the covenant is being used to comply with a basic requirement of subdivision law the City of Bozeman must be made a party to those covenants so that they may not be revoked without other means of legal access being provided first. Given the intended construction of buildings along the lot lines without setbacks in some locations • this is a reasonable compromise. There are established through the site plan review process driving lanes in the parking lot which will serve as logical locations for easement lines. The plat contains the standard notation granting use of the easement to all those providing services. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL The location of accesses from N. 19"Ave.and Oak Street is controlled by the state Department of Transportation. The applicant will need their approval before finalizing the locations of site accesses. Both roads are limited access roads and accesses to each individual lot are not allowed. The applicant has proposed private easements which grant the right of access across each of the other parcels to all parcel owners. This will meet the requirement for legal access as the covenant containing the easement will be required to be filed as part of the subdivision. Because the covenant is being used to comply with a basic requirement of subdivision law the City of Bozeman must be made a party to those covenants so that they may not be revoked without other means of legal access being provided first. Physical access to all parcels will be provided by one or more of the following streets:N. 19"'Ave., Oak Street,Tschache Lane,and N. 15'Ave. As the project will be completed in phases,each street section will need to be developed or financially guaranteed prior to the tiling of each plat. As noted above, not all lots will have direct physical access to the public right of way. The design of the zoning PUD appears to have established adequate access and drive lanes to provide safe and sufficient access which is legally established by easement. The subdivision and development of the site will require the installation of off-site transportation improvements on Oak Street and N. 19"'Ave. The Montana Department of Transportation controls the location and number of access points onto both Oak Street and N. 19"Ave and must approve the location and character of all proposed accesses into the project property. V1. • Following discussion,the City Commission found that the proposed subdivision complies with the Bozeman Area Master Plan, Bozeman Area Subdivision Regulations, and the Bozeman Zoning BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 6 I Ordinance,if certain conditions are imposed. Such conditions arejustified by the Commission's Findings • of Fact that the development will cause deleterious effects on the transportation system which must be offset;that storm water from the development must be controlled;that water,sewer,and transportation improvements must be designed and constructed to City and State standards; that all required improvements must be constructed or financially guaranteed prior to final plat approval; that modifications to ditch or wetland features must be approved by the appropriate agency; that reimbursement for previously installed infrastructure must be made;that applicable regulations must be complied with;that sufficient water be supplied to service the development;and that certain covenants and improvements agreements be of official and binding record. ORDER THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Bridger Peaks Town Center subdivision for Phillip Saccoccia Jr., be approved, subject to the following conditions: 1. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, • oils,grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information(particularly for the basin site,drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any Stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. While the runoff from the individual lots will be dependent on the intensity of use on each lot,the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. The applicant is advised that although the submitted plan has been preliminarily reviewed and is acceptable in concept,the plan will be evaluated further upon review of the infrastructure and final site plan for the subdivision. The applicant is encouraged to utilize a combination system of underground storm drains and the proposed swales within the parking lot on the west side of the buildings to allow patrons to walk from the parking lot to the building without crossing a "stream" during minor rain events and snow melting. A detailed site grading plan for Phases I and II shall be provided for approval with the initial FSP submittal. The grading plan shall account for the development of the • future phases and provide a phasing schedule for the installation of the storm water improvements. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 7 0 2. Plans and specifications and a detailed design report for water and sewer main extensions, • storm sewer and the public street, prepared by a Professional Engineer,shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. With exception of the in-line structure proposed on Lots 2, 5, 8, and I I no building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Prior to issuance of a building permit for Lots 2,5,8,and 11 "approvable" infrastructure plans,including streets,sidewalks,storm drainage,sewer,water,and signal plans for Phases I and II of the subdivision shall be submitted to the City Engineer and all water and sewer mains must be installed and accepted by the City. The curvilinear water mains drawn on the preliminary plat plans are difficult to install per City standards. All water mains 500 feet or longer must be looped. All ties to existing water and waste water infrastructure must be verified as to exact location and depth by the developer. 3. All infrastructure improvements including 1)water and sewer main extensions,and 2)public streets,curb/gutter,sidewalks and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard sidewalks or an acceptable alternative sidewalk shall be constructed on all public street frontages of the property. • 4. The Oak Street drive approaches shall be constructed in accordance with the City's standard approach(i.e., concrete apron, sidewalk section and drop-curb)and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. MDT approval of all approaches onto North 19th and Oak shall be obtained prior to construction. 5. The Montana Fish, Wildlife and Parks, MRCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits(i.e.,310,404,Turbidity exemption,etc.)shall be obtained prior to FSP approval. Copies of the approvals shall be submitted with the FSP. 6. Ditch relocation: a. The Montana Fish,Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)shall be obtained prior to FSP approval. 7. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 8. Prior to platting of Phases Ill and IV, the applicant shall obtain an easement across the adjacent property for the extension of North 15th Avenue to Tschache Lane. North 15th Avenue from Oak Street to Tschache Lane and Tschache Lane adjacent to Phase Ill and IV shall be constructed or financially guaranteed prior to platting of Phase Ill and/or Phase IV. 9. Sewer services for Lots 4, 6, 7, 9 and 10 shall not connect to the existing 24" interceptor sewer but instead shall be connected to local sewer mains installed be the developer. 10. If adequate grade exists for the sewer main to be installed in Tschache Lane to be extended • further to the east, the developer shall install the line to the east property line of Phase III with the improvements for Phase IV of the subdivision. I i I BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 8 11. The accesses off of Oak Street shall be re-designed so that the entrance nearest North 17th Avenue aligns with North 17th. • 12. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDS for the following: a. Street improvements to North 15th Avenue and Tschache Lane, adjacent to the subdivision,including paving,curb/gutter, sidewalk and storm drainage. b. Signalization and intersection improvements of the intersections of Tschache Lane and North 19th Avenue, North 15th Avenue and Oak Street and the proposed private access and North 19th Avenue. 13. Prior to filing of any plat,the intersection improvements and signalization of the intersection of North 19th and Oak Street to bring the level of service of the intersection to a level "C" considering a 15 year design time frame,shall be financially guaranteed or constructed. Prior to opening of any of the buildings in the in-line structure Lots 2, 5, 8, and 11, and prior to issuance of Building Permits for any other lot,the improvements and signal shall be in place and operational. 14. Oak Street shall be widened to include a second west bound lane and curb and gutter in accordance with plans available from the office of the City Engineer for the full length of the property prior to filing of the final plat for Phase I. The developer's engineer shall provide for the design of the storm drainage facilities for the widening. The applicant may choose to financially guarantee these improvements. If the improvements are financially guaranteed,no building permits, with the exception of the permits for Lots 2, 5, 8, and l I shall be issued prior to completion and city acceptance of the improvements. The proposed structure on Lots 2, 5, 8, and l I shall not be opened until such time as the improvements are completed and accepted by the City and the Montana Department of Transportation. • 15. The applicant's engineer shall evaluate the location of the proposed accesses onto Oak Street with respect to the needed dedicated left hand turn bays for both the proposed accesses and North 19th Avenue and if the turn bays are in conflict the entrances shall be relocated to accommodate the turn bays. 16. The applicant shall be responsible for. the installation of all needed traffic striping and marking on both North 19th Avenue and Oak Street for the needed left hand turn bays and other improvements. The applicant shall be responsible for the installation and operation and maintenance of intersection lighting at all private and public approaches on North 19th Avenue and Oak Street. 17. All improvements to North 19th Avenue identified in the submittal, and as approved and/or required by MDT, shall be constructed or financially guaranteed with Phase I of the development. No buildings shall be opened prior to completion and Montana Department of Transportation and City acceptance of the improvements. 18. Prior to filing of the plat the applicant shall make full payment for the Oak Street Water Line Payback Area and Baxter Lane/Hampton Inn Sewer Main Payback Area if at the time of filing of the plat the payback district(s)are created. If the payback district(s) are not created at the time of plat filing,the applicant shall be responsible for the full paymen;at the time of creation. 19. Prior to filing of the plat for Phase Ill and/or Phase IV, the applicant shall complete an additional warrant analysis for the intersection of North 19th and Tschache. If a signal is warranted, the plat cannot be filed until such time as a signal and associated intersection improvements are in place or financially guaranteed. • 20. Prior to opening of the proposed structures on Lots 2, 5, 8, and I l all improvements required for Phase I and Phase II of the subdivision shall be constructed and operational including 1) water and sewer main extensions, 2) public/private streets, curb/gutter, BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 9 sidewalks and related storm drainage infrastructure and 3) intersection and signalization improvements to the intersection of Oak Street and North 19th Avenue. • 21. All provisions of the Subdivision and Zoning regulations which are not specifically waived in the preliminary approval of the Plat and Plan shall be complied with. 22. The Developer shall have two(2)years from the date of preliminary approval to complete the conditions, conform to all regulations, and submit a complete application for Final Plat and Final Plan approval. This approval period may be extended by the City Commission upon request of the applicant for a period to not exceed a total of five years. The developmental guidelines and master plan for Phases 3 and 4 shall be approved for a period of five years. The approval of the guidelines may be extended upon request of the applicant to the City Commission. 23. The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats,and shall be accompanied by all required appropriately worded certificates and a Platting Certi6ca:e. The final application shall include two signed cloth-backed, or equivalent, copies; two signed reproducible copies on a stable base polyester film, or equivalent; two digital copies on 3- 1/2"DS/DD;and five(5)paper prints. The Final Plan shall conform to all requirements of Section 18.54 of the Bozeman Municipal Code. 24. Water rights shall be provided as agreed to in the annexation agreement filed on Page 080, Film 98 at the Gallatin County Clerk and Recorders Office. 25. . The proposed covenants and improvements agreements shall be filed as part of the Final Plat. 26. The proposed covenants shall be filed at the Gallatin County Clerk and Recorder's Office as part of the Final Plat. The City of Bozeman shall be a party to the covenant:;such that the covenants may not be revoked or substantially modified without the consent of the City of Bozeman. The City shall be party to those provisions of the covenants relating to Lot Access;Easements;Architectural, Signage,and Landscaping Guidelines;and those portions • of the Liens section which relates to the maintenance of the required open space. Revocation of Article IV, Easements,shall require either the replatting of the subdivision to provide for public access to all Lots or the filing, with City of Bozeman agreement, of separate easements to provide for the legal and physical access required by Section 76-3-608 M.C.A. and its successors. 27. Tschache Lane and N. 15'Ave.shall be constructed prior to the occupation and use of Lots 12& 13. 28. As required by the Montana Department of Transportation, a combined traffic impact statement that collectively reviews all impacts and provides alternatives which will protect the integrity and safety of the North 19"corridor shall be prepared and presented to them. Any mitigation required in that study must be completed by the developers, as required by the Department. This study must be completed prior to the filing of the final plat for Phase I, and the findings and requirements of the Department complied with prior to filing of the phase(s)said improvements are required. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission,by following the procedures of Section 76-3-625,M.C.A. BRIDGER PEAKS TOWN CENTER PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Page 10 DATED this 1gth_day of January 1999. • BOZEMAN CITY COMMISSION .BY fred Stiff,Mayor ATTEST: Robin L. Sullivan Clerk of the Commission APPROVED AS TO FORM: Paul J. Luw City Attorfiey • • RR►Inr;FR PFAKS TOWN CENTF_R PRELIMINARY PLAT FINDINGS OF FACT AND ORDER Pape 11 I i 2B - Responses to Conditions • RESPONSES TO CONDITIONS (FINDINGS OF FACT AND ORDER) The Conditions of Approval declared in the Findings of Fact and Order(dated January- 19, 1999) of the Bozeman City Commission, Gallatin County, Montana have been reproduced here in italics. Responses follow each condition in regular text. Condition 1 Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detentionlretention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. • Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot. The applicant is advised that although the submitted plan has been preliminarily reviewed and is acceptable in concept, the plan will be evaluated further upon review of the infrastructure and final site plan for the subdivision. The applicant is encouraged to utilize a combination system of underground storm drains and the proposed swales within the parking lot on the west side of the buildings to allow patrons to walk from the parking lot to the building without crossing a "stream"during minor rain events and snow melting. A detailed site grading plan for Phases I and II shall be provided for approval with the initial FSP submittal. The grading plan shall account for the development of the fixture phases and provide a phasing schedule for the installation of the storm water improvements. • This condition duplicates Condition 22 of the September 9, 1998 Conditions of Approval. Responses to this Condition 1 are discussed in the response to Condition 22 of the September 9, 1998 letter(see Part 1). Condition 2 Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street,prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality.. The Applicant shall also provide Professional Engineering services for construction inspection,post- construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted! With exception of the in-line structure proposed on Lots 2, S, 8, and 11 no building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Prior to issuance of a building permit for Lots 2, S, 8, and 11 "approvable"infrastructure plans, including streets, sidewalks, storm drainage, sewer, water, and signal plans for Phases I and II of the subdivision shall be submitted to the City Engineer and all water and sewer mains must be installed and accepted by the City. • The curvilinear water mains drawn on the preliminary plat plans are difficult to install per City standards. All water mains 500 feet or longer must be looped. All ties to existing water and waste water infrastructure must be verified as to exact location and depth by the developer. Utility construction drawings (Construction Drawings for Bridger Peaks Town Center- Sewer, Water, Road and Grading Improvements) and a revised sewer& water.design report were submitted to the City and to MDEQ along with the Final Site Plan. Both the City and MDEQ have approved the plans; their approval letters are attached. A pre-construction conference, construction inspection, certification, and preparation of mylar record drawings will be provided at the time of construction, after the plans have been approved by the reviewing agencies. "Approvable" infrastructure plans have been submitted for on-site and Tschache Lane infrastructure. The remaining required Phase I/11 infrastructure plans (for North 19th Avenue and Oak Street, including signalization of the intersection between these streets) will be submitted to the City prior to issuance of a building permit for the main building complex to be constructed on Lots 2, 5, 8 and 11. Building permits will not be issued for the remaining Phase 1/II buildings (Buildings "J" through "P" on Lots 1, 3, 4, 6, 7, 9 and 10) until substantial completion and City acceptance of all required Phase I/II infrastructure improvements. Curvilinear water lines and dead-end lines over 500 feet long have been eliminated. The exact • location and depth of all ties to existing water& sewer lines will be verified during construction, as noted on the Plans (Sheet G-2, General Note No. 3) Refer to the following attachments: • Attachment 3D-1: City of Bozeman approval (Utilities) Attachment 3D-2: MDEQ Approvals (Utilities and Master Plan) Condition 3 All infrastructure improvements including 1) water and sewer main extensions, and 2)public streets, curb/gutter, sidewalks and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. City standard sidewalks or an acceptable alternative sidewalk shall be constructed on all public street frontages of the property. It is understood that the construction and/or financial guarantee of water, sewer and street improvements must be completed prior to allowing the filing of the Phase I/II Final Plat and Final Site Plan. Financial guarantees for improvements are discussed in the response to Condition No. 1 of the September 9, 1998 conditions of approval. City standard 5-foot-wide concrete sidewalks will be constructed along Tschache Lane. Alternative 8-foot-wide concrete sidewalks will be constructed within the 50-foot entryway corridors along North 19th Avenue and Oak Street. Construction of the Oak Street and Tschache Lane sidewalks will be phased in with the development. • Condition 4 The Oak Street drive approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval. MDT approval of all approaches onto North 19th and Oak shall be obtained prior to construction. This condition duplicates Condition 23 of the September 9, 1998 Conditions of Approval. Responses to this Condition 4 are discussed in the response to Condition 23 of the September 9, 1998 letter(see Part 1). Condition 5 The Montana Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. Copies of the approvals shall be submitted with the FSP. This condition duplicates Condition 24 of the September 9, 1998 Conditions of Approval. Responses to this Condition 5 are discussed in the response to Condition 24 of the September 9, 1998 letter(see Part 1). Condition 6 Ditch relocation: • a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant • regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. This condition duplicates Condition 25 of the September 9, 1998 Conditions of Approval. Responses to this Condition 6 are discussed in the response to Condition 25 of the September 9, 1998 letter (see Part 1). Condition 7 Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. Easements for water and sewer mains are shown on the Final Plat. Where water and sewer mains exist in the same easement, the mains are centered in the easement and are no less than 10 feet from the edge of the easement. Easements for water and sewer mains through Phase III/IV areas (Tract 413-1 on the Final Plat) will be provided when these phases are developed. In addition to the dedication of easements with the Final Plat, Section 4.02 of the covenants dedicates a site-wide, non-exclusive "blanket easement" for sewer, water and storm drain pipes and appurtenances anywhere within Lots 1 through 11. Condition 8 Prior to platting of Phases III and IV, the applicant shall obtain an easement • across the adjacent property for the extension of North 15th Avenue to Tschache Lane. North 15th Avenue from Oak Street to Tschache Lane and Tschache Lane adjacent to Phase III and IV shall be constructed or financially guaranteed prior to platting of Phase III andlor Phase IV. An easement for the extension of North 15th Avenue to Tschache Lane will be obtained from the adjacent property owners prior to the platting of Phases III and IV. The portions of Tschache Lane and North 15th Avenue adjacent to Phases III and IV will be constructed or financially guaranteed prior to the platting of Phases III and IV. Condition 9 Sewer services for Lots 4, 6, 7, 9 and 10 shall not connect to the existing 24"interceptor sewer but instead shall be connected to local sewer mains installed by the developer. Sewer services for Lots 4, 6, 7 and 9 will connect to a new on-site sewer main, which will in turn connect to the existing 24-inch interceptor sewer in North 19th Avenue at an existing stub-out. The sewer service for Lot 10 will connect to the proposed Tschache Lane sewer main. Condition 10 If adequate grade exists for the sewer main to be installed in Tschache Lane to be extended further to the east, the developer shall install the line to the east property line of Phase III with the improvements for Phase IV of the subdivision. • The Tschache Lane sewer main proposed n can be extended east of Phase II in the future. However, it won't be feasible to extend this line more than about 500 feet east of the Phase II/Phase IV boundary (about 250 feet west of Farmers Canal), and still maintain the • • required 4 feet minimum cover. The Tschache Lane sewer main will be extended as far east as feasible in conjunction with the extension of the road. Condition 11 The accesses off of Oak Street shall be re-designed so that the entrance nearest North 17th Avenue aligns with North 17th. The Oak Street entrance nearest North 17th Avenue, if constructed, will align with North 17th Avenue. Construction of this entrance would occur as part of Phase III, provided that it is desirable at the time of development. Condition 12 Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements to North 1 5th Avenue and Tschache Lane, adjacent to the subdivision, including paving, curb/gutter, sidewalk and storm drainage. b. Signalization and intersection improvements of the intersections of Tschache Lane and North 19th Avenue, North 1 5th Avenue and Oak Street and the proposed private access and North 19th Avenue. • The required, executed Waiver of Right to Protest Creation of SIDS is attached. Refer to the following attachments: Attachment 3B-6: Waiver of Right to Protest Creation of SIDs Attachment 3D-3: January 29, 1999 letter to Tim Cooper Condition 13 Prior to filing of any plat, the intersection improvements and signalization of the intersection of North 19th and Oak Street to bring the level of service of the intersection to a level "C" considering a 15 year design time frame, shall be financially guaranteed or constructed. Prior to opening of any of the buildings in the in-line structure Lots 2, 5, 8, and I1, and prior to issuance of Building Permits for any other lot, the improvements and signal shall be in place and operational. These requirements are understood by the Applicant. Condition 14 Oak Street shall be widened to include a second west bound lane and curb and gutter in accordance with plans available from the office of the City Engineer for the full length of the property prior to filing of the final plat for Phase I. The developer's engineer shall provide for the design of the storm drainage facilities for the widening. The applicant may choose to financially guarantee these • improvements. If the improvements are financially guaranteed, no building permits, with the exception of the permits for Lots 2, 5, 8, and I shall be issued prior to completion and city acceptance of the improvements. The proposed structure on Lots 2, S, 8, and 11 shall not be opened until such time as the improvements are completed and accepted by the City and the Montana i i i • • I • Department of Transportation. Oak Street will be widened to include a second westbound lane and curb and gutter, in accordance with the plans available from the City, for the full length of the property. Storm drainage facilities for this widening, proposed as a curb cut at the low point on Oak Street ' leading to a retention pond, will be provided with the Oak Street Improvements Plans in conformance with the Revised Drainage Design Report for.Bridger Peaks Town Center (see Part 1, response to Condition 22 of the September 9, 1998 Conditions of Approval). The widening of Oak Street will be financially guaranteed prior to the filing of the Phase I/II Final Plat (refer to the response to Condition No. 1 of the September 9, 1998 conditions of approval). It is understood that no building permits, with the exception of those for the main building complex proposed on Lots 2, 5, 8, and 11, will be issued prior to completion and City/MDT acceptance of the Oak Street improvements. Condition 15 The applicant's engineer shall evaluate the location of the proposed accesses onto Oak Street with respect to the needed dedicated left hand turn bays for both the proposed accesses and North 19"Avenue and if the turn bays are in conflict the entrances shall be relocated to accommodate the turn bays. The location of the proposed Oak Street entrance has been evaluated with respect to the proposed • turn bays at the Oak Street/North 19th Avenue intersection. The proposed Oak Street entrance is located far enough east of North 19th Avenue such that there will be no conflict. MDT approval of approaches onto Oak Street are required prior to construction, as discussed in the response to Condition 23 of the September 9, 1998 letter(see Part 1). Condition 16 The applicant shall be responsible for the installation of all needed traffic striping and marking on both North 19th Avenue and Oak Street for the needed left hand turn bays and other improvements. The applicant shall be responsible for the installation and operation and maintenance of intersection lighting at all private and public approaches on North 19th Avenue and Oak Street. It is understood that traffic striping and marking is to be included in the North 19th Avenue and Oak Street improvements. It is also understood that the Applicant is responsible for installation, operation and maintenance of intersection lighting at all direct approaches, or entrances, into the development. The direct entrances onto the development are all proposed as private entrances. Condition 17 All improvements to North 19th Avenue identified in the submittal, and as approved and/or required by MDT, shall be constructed or financially ' guaranteed with Phase 1 of the development. No buildings shall be opened prior to completion and Montana Department of Transportation and City acceptance of the improvements. • All improvements to North 19th Avenue identified in the Preliminary Plat/PUD submittal of June 1998 will be financially guaranteed prior to the filing of the Phase I/II Final Plat (refer to the response to Condition No. 1 of the September 9, 1998 conditions of approval). It is understood that no buildings will be opened prior to completion and City/MDT acceptance of the • North 19th Avenue improvements. Condition 18 Prior to filing of the plat the applicant shall make full payment for the Oak Street Water Line Payback Area and Baxter Lane/Hampton Inn Sewer!Clain Payback Area if at the time of filing of the plat the payback district(s) are created. If the payback district(s) are not created at the time of plat fil ing, the applicant shall be responsible for the full payment at the time of creation. These requirements are understood by the Applicant. Condition 19 Prior to filing of the plat for Phase III and/or Phase IV, the applicant shall complete an additional warrant analysis for the intersection of North 19th and Tschache. If a signal is warranted, the plat cannot be filed until such time as a signal and associated intersection improvements are in place or financially guaranteed. These requirements are understood by the Applicant. Condition 20 Prior to opening of the proposed structures on Lots 2,5,8, and I all improvements required for Phase I and Phase 11 of the subdivision shall be constructed and operational including 1) water and sewer main extensions, • 2)public/private streets, curb/gutter, sidewalks and related storm drainage infrastructure and 3) intersection and signalization improvements to the intersection of Oak Street and North 19th Avenue. These requirements are understood by the Applicant. This condition repeats some of the requirements of Conditions 13, 14 and 17 above. Condition 21 All provisions of the Subdivision and Zoning regulations which are not specifically waived in the preliminary approval of the Plat and Plan shall be complied with. This condition duplicates Condition 2 of the September 9, 1998 Conditions of Approval. Responses to this Condition 21 are discussed in the response to Condition 2 of the September 9, 1998 letter (see Part 1). Condition 22 The Developer shall have two (2)years from the date of preliminary approval to complete the conditions, conform to all regulations, and submit a complete application for Final Plat and Final Plan approval. This approval period may be extended by the City Commission upon request of the applicant for a period to not exceed a total offive years. The developmental guidelines and master plan for Phases 3 and 4 shall be approved for a period of five years. The approval of the guidelines may be extended upon request of the applicant to the • City Commission. This condition duplicates Condition 3 of the September 9, 1998 Conditions of Approval. Responses to this Condition 22 are discussed in the response to Condition 3 of the September 9, • 1998 letter(see Part 1). Condition 23 The Final Plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required appropriately worded certificates and a Platting Certificate. The final application shall include two signed cloth- backed, or equivalent, copies; two signed reproducible copies on a stable base polyester film, or equivalent; two digital copies on 3'Y?"DSIDD; and f ve (5) paper prints. The-Final Plan shall conform to all requirements of Section 18.54 of the Bozeman Municipal Code. This condition duplicates Condition 4 of the September 9, 1998 Conditions of Approval. Responses to this Condition 23 are discussed in the response to Condition 4 of the September 9, 1998 letter (see Part 1). Condition 24 Water rights shall be provided as agreed to in the annexation agreement filed on Page 080, Film 98 at the Gallatin County Clerk and Recorders Office. This requirement is understood by the Applicant. Condition 25 The proposed covenants and improvements agreements shall be filed as part of • the Final Plat. This requirement is understood by the Applicant. Condition 26 The proposed covenants shall be filed at the Gallatin County Clerk and Recorder's Office as part of the Final Plat. The City of Bozeman shall be a party to the covenants such that the covenants may not be revoked or substantially modified without the consent of the City of Bozeman. The City shall be party to those provisions of the covenants relating to Lot Access; Easements;Architectural, Signage, and Landscaping Guidelines; and those portions of the Liens section which relates to the maintenance of the required open space. Revocation of Article IV, Easements, shall require either the replatting of the subdivision to provide for public access to all Lots or the filing, with City of Bozeman agreement, of separate easements to provide for the legal and physical access required by Section 76-3-608 M.C.A. and its successors. This condition duplicates Condition 20 of the September 9, 1998 Conditions of Approval. Responses to this Condition 26 are discussed in the response to Condition 20 of the September 9, 1998 letter(see Part 1). Condition 27 Tschache Lane and N. 151h Ave. shall be constructed prior to the occupation and use of Lots 12 and 13. • This understood requirement is q s ood by the Applicant. Condition 28 As required by the Montana Department of Transportation, a combined traffic impact statement that collectively reviews all impacts and provides alternatives • which will protect the integrity and safety of the North 19"corridor shall be prepared and presented to them. Any mitigation required in that study must be completed by the developers, as required by the Department. This,study must be completed prior to the filing of the final plat for Phase I, and the findings and requirements of the Department complied with prior to filing of the phase(s) said improvements are required. This requirement is understood by the Applicant. The applicant has submitted an addendum to the traffic study, which MDT has accepted. • HA3121\040\CORRESP\conditions2.wpd PART 3: a Attachments i 3A, - ,Applications and Application cCnec' klists y • 3A-1 - Subdivision Exemption Application Referenced In: Part I, Condition 4 BOZEMAN CITY-COUNTY PLANNING OFFICE • CARNEGIE BUILDING-35 NORTH BOZEMAN AVENUE P.O. BOX 640,BOZEMAN,MT 59771 (406)582-2360,FAX 582-236.3 SUBDIVISION EXEMPTION APPLICATION ------------------------------------------------------------------------------------------------------------------- Certain divisions of land, which would otherwise constitute subdivisions, are exempt from local subdivision review and approval, unless the transactions are an attempt to evade the Montana Subdivision and Platting Act. An exemption may not be made under this section,except for Security for Construction Financing and Court Orders,unless the County TrciISU1'Cr haS certified that all real property taxes and special assessments assessed and levied on the land to be divided have been paid. In addition to this form and the evidence to support the claim, a signed certificate of exemption,signed by the claimant,shall be submitted for review. If clothback and mylar(or equivalent) of the COS or Amended Plat are submitted, four (4) paper copies of the COS or Amended Plat shall also be submitted with the claim. If only paper copies are submitted six (6) paper copies must be submitted for exemptions located outside city limits,or ten(10)paper copies must be submitted for exemptions located within city limits. All paper copies shall be folded to fit in a standard 8%2"x 11"or 8'/z"x 14" folder. (Refer to Chapter 16.28 for additional information). -------------------------------------------------------------------------------------------------------------------- 1. Name and address of property owner(s): Philip Saccoccia,Jr., 991 East Beach Pass Christian,MS 39571 Phone: (601)865-3596 2. Name and address of Surveyor: Morrison-Maierle,Inc. 901 Technology Blvd. Bozeman,MT 59718 Phone:(406)587-0721 3. Location(legal): Tracts 4A and 413,C.O.S. 1215A,NW''A Section 1,T2S,R5E,P.M.M. 4. Common address: 1500 North 19'h Avenue X Inside City Limits Outside City Limits 5. Zoning Classification: B-2 6. Type of Exemption Claimed and supporting documentation needed: GIFT OR SALE TO IMMEDIATE FAMILY Copy of deed transferring interest in parcel being created;or Statement detailing where the deed is in escrow, how long it will be in escrow;and authorization to contact the escrow agent for verification The COS must indicate the name of the grantee, the relationship of the grantee to the landowner,and the parcel to be conveyed to the grantee AGRICULTURAL EXEMPTION Covenant running with the land, revocable only by mutual consent of the appropriate governing body and the transferee/property owner, that the divided land will be used exclusively for agricultural purposes,and that no building or structure requiring water or sewer facilities will be utilized on the parcel. Exemption.frm.9/97 X RELOCATION OF COMMON BOUNDARY LINES OUTSIDE OF A PLATTED SUBDIVISION ✓ Copy of deed(s)exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly-described parcel(s)that is acquiring additional land ✓ Documentation showing the need or reason for the relocation AGGREGATION OF LOTS AND/OR RELOCATION OF COMMON BOUNDARIES WITHIN A PLATTED SUBDIVISION Copy of deed(s)exchanging recorded interest from every person having a recorded interest in adjoining properties for the entire newly-described parcel(s)that is acquiring additional land Documentation showing the need or reason for the relocation SECURITY FOR CONSTRUCTION FINANCING Written statement explaining how many parcels within the original tract will be created,and who will have title to and possession of the remainder of the original parcel Signed and notarized statement from a lending institution that the creation of the exempted parcel is necessary to secure a construction loan for buildings or other improvements on the parcel COURT ORDER A copy of court order Submitted for review by: Surveyor's Signature Date: Exemption.frm.9/97 3A-2 - Final Plat Application Referenced In: Part 1, Condition 4 • BOZEMAN CITY-COUNTY PLANNING OFFICE • CARNEGIE BUILDING-35 NORTH BOZEMAN AVENUE 1).0.BOX 640,BOZEMAN,MT 59771 (406)582-2360,FAX 582-2363 FINAL PLAT-APPLICATION FOR ALL SUBDIVISIONS --------------------------------------------------------------------------------------------------------------------- The final plat shall comply with all surveying and monument requirements of M.C.A,as well as those on the "Subdivision Procedures Form", which must be completed and attached to this application. A Final Platting Certificate must also accompany this application. -------------------------------------------------------------------------------------------------------------------- 1. Name and address of property owner: Philip Saccoccia,Jr., 911 East Beach Pass Christian,MS 39571 Phone: (601)865-3596 2. Name and address of applicant/representative: Bridger Peaks,L.L.C. P.O. Box 16101 Missoula, MT 59808 Phone: (406)541-0463 3. Name of Subdivision: Phases I and II of Bridger Peaks Town Center 4. Location(legal): Tracts 4A and 4B,C.O.S. 1215A,NW'A Section 1,T2S,R5E,P.M.M. Common address: 1500 North 19"Avenue • 5. Acres: Gross:42.24 acres Net:37.66 acres 6. Total Number of Lots: 13 7. Date of preliminary plat approval: September 9, 1998 8. Review Fee: Minor Subdivision:$40,plus$1 per lot Major Subdivision:$50,plus$1 per lot I(We)the undersigned,state that I(we)am/are the applicant(s)of this application,and the owner(s) of the subject property to be subdivided,and that the information submitted,to the best of my/our knowledge,is true and correct. I (We)further affirm that I(we)will abide by the conditions and obligations legally imposed on this subdivision by the appropriate governing body in the approval of this final subdivision plat application. This application form must be signed by both the applicant and the property owner, if different. Applicant's Signature Property Owner's Signature Date: Date:. • 11a1121\001\Dots\FPIatApp.wpd FinalPlat.App.9/97 BOZEMAN CITY-COUNTY PLANNING OFFICE • SUBDIVISION PROCEDURES FORM FINAL PLAT APPLICATION ------------------------------------------------------------------------------------------------------------------- This form is used to evaluate and accept final plat applications. 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: Bridt!er Peaks Town Center FINAL PLAT PROCEDURES After the conditions of preliminary plat approval and the requirements for the installation of improvements have been satisfied,a final plat shall be submitted. A final subdivision plat will not be accepted as part of a complete submittal until all certificates,with the exception of the appropriate governing body and Clcrk and Recorder,have been complied with,signed and notarized. All final plats must comply with the M.C.A.Uniform Standards for Final Subdivision Plat requirements(reler to Chapter 16.08.050). The final plat and all supplementary documents must be submitted to the planning department at least 30 days prior to the expiration of preliminary plat approval or any extension thereto. The submittal must include a final plat application form,this procedures form,the appropriate review fee, all required information,and a written explanation of how each of the conditions of preliminary plat approval have been satisfied. The appropriate governing body will examine every final plat at a regular public meeting,and within 30 days of the date of complete submittal to the planning department,shall approve it if it conforms to the conditions of the preliminary approval and the Subdivision Regulations. Per Chapter 16.10.070.E.3, the subdivider shall file the approved,signed final plat and all other required certificates and documents within 60 days of the date of final plat approval. FINAL PLAT SUBMITTAL REQUIREMENTS The final plat shall be drawn at a scale no less than 200 feet to the inch,and shall be either 18"x 24" or 24"x 36"overall,to include a 1'/2"margin on the binding side. Whenever more than one sheet is used,each sheet must show the number of that sheet,the total number of sheets included,and contain the appropriate title information. All certificates shall be shown on one sheet unless impossible. (Refer to Chapter 16.32 for certificates). Two signed cloth-backed,or equivalent,copies; two signed reproducible copies on a stable base polyester film,or equivalent,two digital copies on 3-1/2" DS/DD disk must be submitted for all subdivisions within the City of Bozeman and within the City's Zoning Jurisdictional Area. In addition,five paper prints must be submitted for subdivisions within the City of Bozeman,and six paper prints must be submitted for subdivisions within the Zoning Jurisdiction. If the subdivision is located within the Bozeman City-County Planning Jurisdiction, but outside the Zoning Jurisdiction,only one cloth-backed,mylar,and digital copy are required,along with six paper prints. Finalprocedure.frm 9/97 A. The final plat shall show or contain on its face or on separate sheets referenced on the plat • the following(refer to Chapter 16.08.050): YES NO N/A 1. Title block with name of subdivision, 1/4 section,section,township,range, principal meridian and county. Title must contain the words"plat"and X "subdivision 2. Namc(s)of owner(s)of land surveyed,and name(s)of adjoining platted X Subdivisions and numbers of adjoining COSs and ties thereto 3. True north point,scale,acreage of streets,parks,and other public areas;acreage X Of subdivision,gross and net 4. All monuments found,set,reset,replaced ore removed,with description. X Witness monuments,basis of bearing,bearings and lengths of lines. 5. Bearings,distances and curve data of perimeter boundary lines X 6. Data on curves,including radius,arch length,degree and notation of non- X tangents 7. Lengths of all lines,shown to at least tenths of a foot,and all angles and X bearings to at least the nearest minute 8. Section corners or legal subdivision corners pertinent to the subdivision X boundary 9. All lots and blocks within the subdivision,designated by number,the X dimensions of each lot and block,area of each lot,and total acreage of all lots 10. Streets,roads,alleys,avenues,and highways;their widths&bearings,and X purpose of r/w,along with names of all streets,roads and highways 11. Location,dimensions and area of all parks,common areas,and other public X uses 12. Metes and bounds legal description of the perimeter boundary of the X subdivision 13. Signature and seal of registered land surveyor responsible for survey X 14. Memorandum of oaths X 15. All appropriate certificates(see Chapter 16.32) X B. The following original documents must accompany the final plat applications. All documents must be properly notarized or scaled,where applicable. YES NO N/A 1. flatting Certificate issued within 30 days ol'submitlal for subdivisions within X the City;and within 90 days of submittal for subdivisions outside the City 2. County Attorney's Ccrtilicate and letter approving Covenants X 3. Covenants or deed restrictions required by the appropriate governing body X 4. Certification by MDEQ of water and sanitary facilities X 5. Articles of incorporation and by-laws Ior any property owners'association X 6. Letter from City Engineer and/or County Road Superintendent certifying as-built drawings of public improvements have been received,including complete grading X and drainage plan • 7. Copy of State Highway Permit when a new street or road will intersect with a X state highway Finalprocedurc.fnn 9/97 8. Written approval from rural fire chief of fire protection improvements X 9. Copy of Memorandum of Understanding between Weed Control District and X subdivider. HA3121\001\Docs\F ProForm.wpd I Finalprocedure.frm 9/97 • 3A-3 - PC]D Final Plan Submittal Checklist Referenced In: Part 1, Condition 4 BOZEMA CI Ty-COU TY 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 File No . PLANNED UNIT DEVELOPMENT ( PUD ) FINAL PLAN SUBMITTAL CHECKLIST App1 i can t Bridger Peaks, L.L.C. Residential PUD Project Bridger Peaks Town Center Commercial ' PUD X The following is a checklist of submittal requirements for all Planned Unit Development ( PUD) Final Plans . The applicant mus+ complete this checklist and submit it along with the items stated for the application to be considered complete. Any item checked "NO" or "N/A" (not applicable) must be explained in a narrative attached to the checklist . Upon submittal , staff will review the checklist and determine if the application as submitted is complete . All materials shall • be submitted by the f i rst working day of the month. prior to the Planning Board meeting in which the Final Plan will be reviewed . Incomplete submittals will be returned to the applicant . YES NO N/A 1 . Filing Fee. X 2 . A list of names of all general and limited X partners and/or officers and directors of the corporation involved as either applicants or owners of the Planned Unit Development . Site Plan Submittal Requirements - A final plan site plan shall be submitted on X a 24" X 36" sheet( s ) at the same scale as the approved preliminary plan . If a different scale is requested or required , a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan . However , only the scales permitted for the preliminary plans shall be permitted for final plans . i The final site plan shall show the following information : A . Land use data ( same information as required X • on the preliminary site plan) ; B . Lot lines , easements , public rights-of-way X as per subdivision plat; 1 • C . Exact location of all buildings and X structures and three dimensional building envelopes dimensioned on at least two sides to the nearest platted property line ; YES NO N/A D. Existing and proposed streets with names ; X designation of streets to be public or private; limits of those private accessways to be dedicated as public utility easements and/or as other types of easements; E. Location of temporary model homes, sales X office , and/or construction facilities , including temporary signs and parking lots; F. Attorney 's or owner 's certification of X ownership; G. Chairperson and Secretary of the Planning X and Zoning Board certification of approval of the site plan and its conformance with the ' preliminary plan ; H . Owner' s certification of acceptance of con- X ditions and restrictions as set forth on the site plan ; • 4. Supplemental plans A. Final landscape plan - X A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan shall also be submitted ; it shall also be consistent with the City of Bozeman Landscape Ordinance , Chapter 18 . 50 . 100 of the Zoning Ordinance , except that any stated conditions and restrictions. of the preliminary plan approval shall supersede the landscape ordinance ; B. Final subdivision plat - X An official final subdivision plat of the site must accompany the final planned unit develop- ment plan ; this plat must conform to the sub- division requirements of the City , except as waived by the approved preliminary plan for the Planned Unit Development; the subdivision shall contain proper dedications for public streets, utility easements, and all other public rights required by the preliminary plan ; approval by the City Commission of the final plan and subdivision plat shall be required before filing 'of the subdivision plat or issuance of building permits ; C . Final utility plans - X Final detailed engineering for sewer , water , electrical , street improvements and other public improvements must be submitted to and 2 • approved by the City , and the developer shall execute an agreement in proper form providing for the installation of such improvements prior to submission of the final plan to the Planning and Zoning Board ; YES NO N/A D. Open Space Maintenance Plan ( 1 ) Maintenance of community open spaces - X The developer shall submit a legal instrument setting forth a plan providing for the per- manent care and maintenace of open spaces, recreational areas and communally owned facilities and parking lots; the same shall be submitted to and approved by the City Attorney and, shall not be accepted until approved as to legal form and effect; if the common open space is deeded to a homeowner 's association, the applicant shall file the proposed docu- ments governing the association; such docu- ments shall meet the following requirements: (a) the homeowners' association must X be established before any residences are sold (b) membership in the association must X be mandatory for each residence owner (c) open space restrictions must be X permanent and not for a period of years (d ) the homeowner ' s association must X be made responsible for liability insurance , taxes and maintenance of recreational and other facilities (e ) the association must have the X power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities (f ) the governing board of any such _ association shall consist of at least five ( 5 ) members who shall be owners of property in the Planned Unit Development ( 2 ) Open space maintenance guarantee - X Open space shall be maintained as to the provisions of Chapter 18. 54. 060 of the Zoning Code; ( 3 ) Guarantee for open space preservation - X Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan; 3 5 . Reproducible Copy Requirements In addition to the requirements for Site Plan and Supplemental Plan submittal the following shall be submitted for copying and permanent records : YES NO N/A A . Signed reproducible , full size mylars for X all site and landscape plans , architectural elevations , subdivision plats , utility plans , and any other plans required by the Planning and Zoning Board ; B. One 8 1 /2" X 11 " clear film reduction of all X plans and renderings. * Reference to 18. 54. 060 "Final Plan Submittal _Requirements" of the Bozeman Interim Zoning Ordinance ( 7/02/90) . • • 4 3A-4 - Major Site Plan Submittal Checklist Referenced In: Part 1, Condition 4 s � MAJOR SITE PLAN SUBMITTAL CHECKLIST File No. Applicant: Bridger Peaks, L.L.C. Subject Property Address: 1500 North 19th Avenue This checklist shall be completed and returned as part of the submittal. Any item checked "NO" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. Fifteen copies of the site plan drawn to scale on paper not smaller than 24" x 36" or larger than 30" x 42" which contain the following: A. GENERAL INFORMATION YES NO N/A 1. Name of project/development X _ 2. Location of project by street address X _ 3. Location (vicinity) map, including area within 1/2 mile of site X _ 4. Name and mailing address of developer/owner X _ 5. Name and address of engineer/architect, landscape architect or nurseryman X _ 6. Date of plan preparation and changes X 7. North point indicator X 8. Scale of 1" to 201 , not less than 1" to 100' X _ 9. List of names and addresses of property owners within 200, of site, using the most current known property owners of record, as 0 shown in the Gallatin County Clerk & Recorder's Office. X 10. Stamped, unsealed, plain (no return address), legal-size envelopes addressed with names and addresses of property owners described in #9 _A 11. Zoning classification within 200, X 12. Phases of development, if appropriate _X B. SITE PLAN INFORMATION 1. Boundary line of property with legal dimensions and description X 2. Property setbacks (front, side, rear, yard setbacks; stream setbacks) X _ 3. Location, identification and dimension of the following existing and proposed data, to a boundary of 100 feet outside of site plan boundary unless stated otherwise: a. topo contours at a minimum interval of two feet, or as determined by the Planning Director X _ b. adjacent streets and streets r/w to a distance of 150 feet, except for sites adjacent to major arterial streets where the distance shall be 200 feet X C. on-site streets and rights-of-way X d. ingress and egress points X e. traffic flow on-site and off-site (circulation flow arrows) X f. utilities and utility right-of-way and/or easements (main and service line locations and sizes) (1) electric, natural gas, telephone, • cable television X (2) water, sewer (sanitary, treated effluent and storm) X (3) off-site fire hydrants X g. existing buildings, structures, and mature vegetation X h. parking facilities, including bike racks X s • i. water bodies and wetlands X j . streams and irrigation ditches X _ YES NO N/A k. grading .and drainage plan, including sufficient spot elevations, storm water detention areas and storm water discharge destination. Detailed basin sizing inlet/outlet details and discharge calcs will be required prior to Final Site Plan approval X 1. significant rock outcroppings X M. sidewalks, curbs, walkways, driveways, paving, loading areas and docks, bikeways, including typical details X _ n. handicapped accessibility provisions X o. fences and walls (typical elevation/ section detail showing dimensions, materials) X P. exterior refuse collection area and enclosure detail (.typical elevations/ section detail showing dimension, materials) X _ q. location of exterior lighting, including typical standard/fixture detail and height ' X _ r. floor plan with overall exterior dimensions X S. snow removal storage area X t. exterior signs showing design, including height, size, materials, illumination, security thereof X U. landscaping, including plantings, quantity equipment, botanical, and common names, size of plantings at time of planting and at maturity, areas to be irrigated and type X V. unique natural features, significant wildlife areas, and vegetative cover, including existing trees and shrubs having a diameter greater than two and one-half inces, by species X W. provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, and curb cuts X X. location of municipal and extra- territorial boundaries within or near the development X Y. parcel size(s) in gross acres and square feet X Detailed information regarding parking, screening and landscape requirements available in Chapter 18.52 of the Zone Code. All landscape plans shall be prepared and certified by a licensed landscape architect or Montana nurseryman for uses requiring more than fifteen (15) parking spaces. YES NO N/A 4. Number and size of employee and non-employee off-street parking and loading spaces, existing and proposed X 5. Site statistics including - - site square footage X _ - percent of site coverage (building and parking) X - net dwelling unit density X - percent of park or open space X 6. A reproducible copy of the site plan with appropriate signatures (when required) (_ C. BUILDING INFORMATION (ON-SITE) 1. Building heights and elevations of all exterior walls of all structures X _ 2. Materials to be used X _ 3. Height of elevation of lowest floor and location of lot outfall when structure is proposed to be located in a floodway or floodplain area X 4. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR) with a breakdown by land use 5. Floor plans depicting location and dimensions of all proposed uses and activities X D. PERMITS 1. A list of all required and applicable permits and status of applications X E. REVIEW FEES 1. Major Site Plan - 440..00 (Minimum fee after refund: $300.00) NOTE: The review of signs in conjunction with this application is only review for compliance with the Bozeman Sign Code. A Sign Permit must be obtained from the City Building Department prior to erection of any and all signs. i 3E - Certificates and Agreements o 1 Platting Certificate • Referenced In: Part 1, Condition 4 i (Platting Certificate will be provided at a later date) �a 3B-2 - r l Certificates of Acceptance Referenced In: Part 1, Condition 4 April 13, 1999 City of Bozeman P.O. Box 640 Bozeman, MT 59715 Please find enclosed the following"Certificate of Acceptance"to fulfill condition 3(H)of the PUD Final Plan Submittal Checklist. CERTIFICATE OF ACCEPTANCE I, Harold D. McNee, Jr.,President, do hereby certify that I accept the conditions and restrictions as set forth on the Final Site Plan for the Bridger Peaks Town Center Subdivision PUD. Dated this day of , A.D., 1999. • BRIDGER PEAKS, L.L.C. By: Harold D. McNee, Jr., President H & S Financial Corporation Managing Member STATE OF MONTANA ) ss COUNTY OF ) This instrument was acknowledged before me on , 19_,by [as of 1. (SEAL) Notary public for the state of Montana • Residing at My commission expires HA3121\040\CORRESP\BPCertAcp.wpd • April 13, 1999 City of Bozeman P.O. Box 640 Bozeman, MT 59715 Please find enclosed the following"Certificate of Acceptance"to fulfill condition 3(H)of the PUD Final Plan Submittal Checklist. CERTIFICATE OF ACCEPTANCE I,PHILIP SACCOCCIA,JR.,Owner,do hereby certify that I accept the conditions and restrictions as set forth on the Final Site Plan for the Bridger Peaks Town Center Subdivision PUD. • Dated this day of , A.D., 1999. Philip Saccoccia, Jr., Owner STATE OF MONTANA ) ss COUNTY OF ) This instrument was acknowledged before me on , 19_,by [as of . (SEAL) Notary public for the state of Montana Residingat My commission expires • HA3121\040\CORREWCERTACPT.WPD • 3B-3 - Improvements Agreement for PUD Referenced In: Part 1, Conditions 1, 7 IMPROVEMENTS AGREEMENT FOR BRIDGER PEAKS TOWN CENTER PLANNED UNIT DEVELOPMENT(##Z-98113) THIS AGREEMENT is made and entered into this day of , 1999 by and between BRIDGER PEAKS, LLC, a Delaware Limited Liability Company licensed to conduct business in Montana,P.O.Box 16101 Missoula,MT 59808,hereinafter called the"Developer",and the City of Bozeman,a Municipal Corporation of the State of Montana,hereinafter called the"City". WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval of a Conditional Use Permit application to allow the construction of a multiphase commercial planned unit development;and WHEREAS,it is the intent of the Developer to obtain Final Site Plan approval;and WHEREAS,it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described;and it is the intent of this Agreement,and of the parties hereto,to satisfy the improvements guarantee requirements for the conditional approval of said Conditional Use Permit. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein,it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are identified as Phases 1 and 2 (Lots I through 11)of Bridger Peaks Town Center Subdivision located in the NW 1/4 of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, and more generally located at the northeast corner of the intersection of Oak Street and North 19"Avenue. 2. Improvements This Agreement refers to improvements required as conditions of approval of the Planned Unit Development(file Z-98113). All infrastructure required by the conditions of approval for each subdivision phase will be addressed under a separate Improvements Agreement. This Agreement specifically refers to improvements not included in the Improvements Agreement for Phases 1 and • 2 of the Subdivision,and includes parking lots,landscaping,irrigation,parking lot lighting,grading and drainage,and other Improvements as illustrated on the plans and specifications. The estimated IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER P.U.D. PAGE I cost of said Improvements is attached and made a part of this Agreement,as"Exhibit A". 3. Financial Guarantee.Time for Completion of Improvements . If occupancy of the new buildings is to occur prior to completion of all required on-site improvements, this Improvements Agreement shall be secured by a letter of credit, as may be deemed acceptable by the City,payable to the City of Bozeman,in an amount equal to one and one- half times the estimated cost of the installation of any required improvements not completed. Said method of security shall be valid for a period of not less than twelve(12)months. In any event, all required improvements shall be completed within nine(9)months of occupancy in order to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement,and such default or failure shall continue for a period of thirty(30)days after written notice specifying the default is deposited in the United States mail addressed to the developers at P.O. Box 16101 Missoula,MT 59808 or such other address as the Developer shall provide to the City from time to time,without being completely remedied,satisfied,and discharged,the City may elect to enforce any of the following specified remedies: A) The City may,at its option,declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative,contractors,and engineers shall have the right to enter upon the property and perform such work and inspection,and the Developers shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER P.U.D. PAGE 2 6. Warranty • The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. Any required landscaping must be maintained in a healthy,growing condition at all times. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. 7. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,Gallatin County,State of Montana. 8. Modifications or Alterations No modifications or amendments of this Agreement shall be valid , unless agreed to in writing by the parties hereto. 9. Invalid Provisions The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assignment It is expressly agreed that the Developer shall not assign its obligations under this Agreement in whole,or in part,without the prior written consent of the City. 11. No Waiver No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The City's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Developer or the acceptance of any improvement. 12. Successors Except as provided in paragraph 11, this Agreement shall be binding upon, enure to the benefit of,and be enforcable by the parties hereto and their respective heirs,successors and assigns. IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER P.U.D. PAGE 3 13. Attorney's Fees • In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement,then the prevailing party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including City Attorney. BRIDGER PEAKS LLC By: Harold D. McNee,Jr., President H&S Financial Corporation Managing Member THE CITY OF BOZEMAN By: Phillip J.Forbes Director of Public Services 11A1 l21\001\Ducs\I mpnn•c.wpd IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER P.U.D. PAGE 4 EXHIBIT "A" ESTIMATED COST FOR PUD IMPROVEMENTS DATE: April 9, 1999 PROJECT: Bridger Peaks Town Center, Phases I and II DEVELOPER: Bridger Peaks, L.L.C. Estimated Estimated Item Description Cost Subtotals Cost Totals Parking Lots: Parking Lot Paving $280,600 On-site Sidewalks and Ramps $24,400 On-site Curb and Gutter $140,300 Total - Parking Lots (except lighting) $445,300 • Landscaping $165,000 Irrigation System $192 000 Parking Lot Lighting $180,500 Grading and Drainage $77,000 Total Cost for PUD Improvements = $1,059,800 Total Amount to be Financially Guaranteed (at 150%) = $19589,700 Approved by City Engineer's Office: Date: • HA3121\04MORRESMimps agrmt exhibit l.wpd • i 3B-4 - Improvements Agreement for Major Subdivision . Referenced In: Partl, Conditions 1, 7 IMPROVEMENTS AGREEMENT FOR BRIDGER PEAKS TOWN CENTER • MA.IOR SUBDIVISION(#P-9833) THIS AGREEMENT is made and entered into this day of , 1999 by and between BRIDGER PEAKS, LLC, a Delaware Limited Liability Company licensed to conduct business in Montana,P.O.Box 16101 Missoula,MT 59808,hereinafter called the"Developer",and the City of Bozeman,a Municipal Corporation of the State of Montana,hereinafter called the"City". WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval for a Preliminary Plat application to allow the subdivision of 42.24 ares of land into 13 lots in four phases as approved by the City of Bozeman on January 19, 1999;and WHEREAS,it is the intent of the Developer to obtain Final Plat approval for Phases 1 and 2;and WHEREAS,pursuant to Section 16.22.040 of the Bozeman Area Subdivision Regulations, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of all improvements required as conditions is of preliminary plat approval; and it is the intent of this Agreement, and of the parties hereto,to satisfy the improvements guarantee requirements for the Final Plat approval of said Subdivision. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein,it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are identified as Phases 1 and 2 (Lots 1 through 11) of Bridger Peaks Town Center Subdivision located in the NW 1/4 of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, and more generally located at the northeast corner of the intersection of Oak Street and North 19"Avenue. 2. Improvements This Agreement refers to improvements required as conditions of approval of the Major Subdivision (file P-9833). All infrastructure required by the conditions of approval for each subdivision phase will be addressed under a separate Improvements Agreement. This agreement • specifically includes the design and installation of water mains; sewer mains; surface drainage IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER SUBDIVISION PAGE I improvements; improvements including paving,curb and gutter along Oak Street; installation of Tschache Lane adjacent to the property;signalization ofthe intersection of Oak Street and North 19"' Avenue;improvements to.North 19"Avenue including paved decceleration and acceleration lanes; sidewalks and trails and other improvements as illustrated on the approved plans and specifications. The estimated cost of said Improvements is attached and made a part of this Agreement, as "Exhibit A." 3. Financial Guarantee.Time for Completion of Improvements This Improvements Agreement shall be secured by a letter of credit, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed. Said method of security shall be valid for a period of not less than twelve(12)months. In any event, all required improvements shall be completed within nine(9)months of Final Plat approval in order to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement,and such default or failure shall continue for a period of thirty(30)days after written notice specifying the default is deposited in the United States mail addressed to the developers at P.O. Box 16101 Missoula,MT 59808 or such other address as the Developer shall provide to the City form time to time,without being completely remedied,satisfied,and discharged,the City may elect to enforce any of the following specified remedies: A) The City may,at its option,declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative,contractors,and engineers shall have the right to enter upon the IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER SUBDIVISION PAGE 2 • 0 property and perform such work and inspection,and the Developers shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. 7. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,Gallatin County,State of Montana. 8. Modifications or Alterations No modifications or amendments of this Agreement shall be valid , unless agreed to in writing by tile-parties hereto. 9. Invalid Provisions The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assi ng ment It is expressly agreed that the Developer shall not assign its obligations under this Agreement in whole,or in part,without the prior written consent of the City. 11. No Waiver No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The City's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Developer or the acceptance of any improvement. 12. Successors Except as provided in paragraph 11, this Agreement shall be binding upon, enure to the benefit of,and be enforcable by the parties hereto and their respective heirs,successors and assigns. IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER SUBDIVISION PAGE 3 13. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement,then the prevailing party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including City Attorney. BRIDGER PEAKS LLC By: Harold D.McNee,Jr., President H&S Financial Corporation Managing Member THE CITY OF BOZEMAN By: Phillip J. Forbes . Director of Public Services 11 A3121\001\Ducsls u h-i mp.wpd IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER SUBDIVISION PAGE 4 EXHIBIT "A" ESTIMATED COST FOR MAJOR SUBDIVISION IMPROVEMENTS DATE: April 9, 1999 PROJECT: Bridger Peaks Town Center, Phases I and 11 DEVELOPER: Bridger Peaks, L.L.C. Item Description Estimated Estimated Cost Subtotals Cost Totals Water Mains $5,000 Sewer Mains $6,000 Surface Drainage Improvements $6,000 Oak Street Improvements $60,000 Tschache Lane Improvements $69,400 • N. 19`h Ave./Oak St. Signalization $225,000 N. 19`h Ave. Improvements: Paving $52,000 Entryway Corridor Trails $26,600 Culverts $4,000 Total N. 19`h Ave. Improvements $82,600 Total Cost for Major Subdivision Improvements = $454,000 Total Amount to be Financially Guaranteed (at 150%) = $681,000 Approved by City Engineer's Office: Date: • HA3121\040\CORRESP\imps agrmt exhibit 2.wpd 3B-5 - Hold Harmless Agreement • Referenced/n: Part 1; Condition 1 • HOLD HARMLESS AGREEMENT FOR BRIDGER PEAKS TOWN CENTER MAJOR SUBDIVISION THIS AGREEMENT is made and entered into this day of , 1999 by and between BRIDGER PEAKS, LLC, a Delaware Limited Liability Company licensed to conduct business in Montana,P.O.Box 16101 Missoula,MT 59880,hereinafter called the"Developer",and the City of Bozeman,a Municipal Corporation of the State ol'Montana,hereinafter called the"City". WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval for a Preliminary Plat application to allow the subdivision of42.24 acres of land into 13 lots in four phases as approved by the City of Bozeman on January 19, 1999;and WHEREAS,it is the intent of the Developer to obtain Final Plat approval;and WHEREAS, it is the intent of both the Developer and the City to enter into Agreements which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described;and it is the intent of this Agreement,and of the parties hereto,to satisfy the improvements guarantee requirements for the Final Plat of said subdivision;and • WHEREAS, it is the intent of the Developer to obtain building permits prior to the completion of said improvements. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein,it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are identified as Phases 1 and 2 (Lots I through 11) of Bridger Peaks Town Center Subdivision located in the NW 1/4 of Section 1, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, and more generally located at the northeast corner of•the intersection of Oak Street and North 19'h Avenue. 2. No Liability for City Approval The Developer acknowledges and agrees(1)that the City is not,and shall not be,in any way liable for any damages or injuries that may be sustained as the result of the City's issuance of any building permits in advance of the completion of all infrastructure improvements required for • occupancy and(2)that the City's issuance of any building permits in advance of the completion of all infrastructure improvements required for occupancy does not, and shall not, in any way be IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER PAGE I • • deemed to insure the Developer,or any of its heirs,successors,assigns,tenants,or licenses,or any third party,against damage or injury of any kind at any time. 3. Indemnification The Developer agrees to,and does hereby,hold harmless and indemnify the City,and all of its elected and appointed officials,officers, employees, agents, representatives,engineers,and attorneys,from any and all claims,costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with(1)the issuance of any building permit in advance of the completion of all infrastructure improvements required for occupancy,and(2)the performance by the Developer of its obligations under this Agreement and all related agreements. The Developer further agrees to aid and defend the City in the event that the City is named as a defendant in an action concerning the building permits referred to by this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City. 4. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,Gallatin County,State of Montana. 5. Modifications or Alterations No modifications or amendments of this Agreement shall be valid , unless agreed to in writing by the parties hereto. 6. Invalid Provisions The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 7. No Assi kng_ment It is expressly agreed that the Developer shall not assign its obligations under this Agreement in whole,or in part,without prior written consent of the City. IMPROVEMENTS AGREEMENT',BRIDGER PEAKS TOWN CENTER PAGE 2 8. No Waiver No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The City's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Developer or the acceptance of any improvement. 9. Successors Except as provided in paragraph 7,this Agreement shall be binding upon,enure to the benefit of,and be enforcable by the parties hereto and their respective heirs,successors and assigns. 10. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement,then the prevailing party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including City Attorney. BRIDGER PEAKS LLC By:Harold D.McNee,Jr., President H&S Financial Corporation Managing Member THE CITY OF BOZEMAN By: Phillip J. Forbes Director of Public Services • Ii:U 121\001\1-11iannlcss.wpd IMPROVEMENTS AGREEMENT,BRIDGER PEAKS TOWN CENTER PAGE 3 3B-6 - Waiver of Right to Protest Creation of SIDs Referenced In: Part 2, Condition 12 a • WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENTS DISTRICTS WHICH WOULD INCLUDE PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH 19".AVENUE AND OAK STREET This waiver is executed by Bridger Peaks, L.L.C., a Delaware limited liability company licensed to conduct business in Montana, the owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 1 through 11 of Bridger Peaks Town Center, a tract of land being a portion of Tracts 4A and 413'of Certificate of Survey No. 1215A, located in the NW'/4 of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving Final Plat approval from the City of Bozeman to subdivide the subject property, along with accompanying rights and privileges and for other and • valuable consideration,the receipt of which is hereby acknowledged,in recognition of the traffic that will be generated by the development of the above-described property, Bridger Peaks, L.L.C. and its successors and assigns,waive the right to protest the creation of one or more special improvement districts for: a) Signalization and intersection improvements to the intersection of Tschache Lane and North 19`h Avenue. b) Signalization and intersection improvements to the intersection of Oak Street and North 15`h Avenue. c) Signalization and intersection improvements to the intersection ofNorth 19`h Avenue and the private access onto North 19`h Avenue. In the event Special Improvements Districts are not utilized for the completion of these projects, the undersigned agrees to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the • property, linear front footage of the property, taxable valuation of the property, or a combination thereof. The undersigned further waives its right to make any written protest against the proposed work or against the extent or creation of the districts to be assigned in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above described property. This waiver shall be a covenant running with the land and shall not expire. The undersigned warranty that it is lawfully seized and possessed of the real property described above and that it has a lawful right to convey the property or any part of it. DATED this day of , 199 BRIDGER PEAKS, L.L.C. • Harold D. McNee, Jr., President H & S Financial Corporation Managing Member STATE OF ) :ss County of ) On the day of , 19 ,before me,a Notary Public for the State of , personally appeared ,known to me to be the person(s)whose name(s)is/are subscribed to the above instrument and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first written above. • (Seal) Notary Public for the State of Residing: Commission Expires: HA3121\001\Docs\Waiver.wpd i I 3C - Permits J 3C-1 - MPDES Permit Referenced In: Part 1, Condition 24 DEPARVINT OF EN'VIRONMErs*QUALITY PER TITTING & COMPLIANCE DIVISION WATER PROTECTION BUREAU sT Metcalf Building MARC RACICOT,GOVERNOR 1520 East Sixth Ave. r - STATE OF MONTANA Y •• =- w Phone: (306)313-3080 PO Box 200901 Fax: (406)444-1374 Helena,MT 59620-0901 Octo er 5, 1998 Grant Creek Partners Quality Construction Company 3075 Reserve Street, Suite B 2800 South Reserve Street Missoula, MT 59808 Missoula, MT 59801 RE: Authorization MTRIO0594 to Discharge Under the "General Discharge Permit for Storm Water Associated with Construction Activity" at Bridger Peaks Town Center, Phases I and II, Gallatin County, T2S, R5E, Section I(NW I/4), to Walton Ditch[Farmers Canal to- the East Gallatin River Dear Sirs: The Department has reviewed Grant Creek Partners' and Quality Construction Company's application for MPDES permit coverage to discharge storm water, and has determined its proposed discharge qualifies to operate under the "General Discharge Permit for Storm Water Associated with Construction Activity." Quality Construction Company is a co-permittee with the owner, Grant Creek Partners, for this project. I Therefore, authorization is herewith granted to discharge at the above-referenced location only, under the provisions of the "General Discharge Permit for Storm Water Associated with j Construction Activity," a copy of which is attached. The General Permit is valid only when accompanied by this authorization letter. Grant Creek Partners and Quality Construction Company are subject to the self- monitoring and reporting requirements of Part III (Page 11), compliance inspections and all other provisions of the permit. Grant Creek Partners' and Quality Construction Company's Storm Water Erosion Control Plan has been approved and shall be implemented at the beginning iof construction activity and continue through final stabilization. All storm discharges related to coverage under this permit shall meet all numeric and narrative water quality standards, including non-degradation, for the receiving water body or bodies. Field inspections by this department, Fish, Wildlife and Parks, or other interested parties may reveal the need for additional erosion control measures. A violation of, or non-compliance with, any provision of the permit is subject to enforcement action pursuant to the Montana Water Quality Act. 'AN EOUAL OPPORTUNITY EMPLOYER" Grant Creek Partners • Page 2 October 5,. 1998 Issuance of authorization under this permit does not waive obligations to obtain other permits that may be required. Sincerely, -d c kl,,-\-- Vicki Sullivan Water Quality Specialist Water Protection Bureau cc: Mike Hickman, Morrison Maierle, Inc, 901 Technology Blvd., P.O. Box 1113, Bozeman, MT 59771 • MONTANA POLLUTANT DISCHARGE ELii�II'tiATION SYSTEM EROSION CONTROL PLAN FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY Note that this site-specific signed erosion control plan must be submitted to the department for approval, along with the signed application and application fees, at least thirty (30) days prior to beginning construction activities (including clearing, grading, excavating). A copy of this plan must be kept at the construction site. Any plan which requires engineered structures, such as detention ponds or diversion structures, or which is prepared for a construction activity which includes 20 acres or more in total land disturbance, shall be prepared by a registered professional engineer. The erosion control plan shall include at least the following items: Project Name Bri dger Peaks Town Center, Phases I and II -- Project Address 1500 North 19th Avenue Bozeman MT 59718 c6ikt . LIIY PERMITTING&CO?Atu.,.NCE o!x.'. County Gallatin �_v� orownship 2S Range 5E Section(s) 1 1/4 Section(s) NW Part II.C.•2.a. Site Description (1) Describe the nature of the construction activity„ Retail /commercial dpyPlnnmPnt- Asphalt paving, buildings , utilities , storm drainage facilities and public street improvements/construction for Phase I and II of four-phase development Provide a timetable for major activities. Oct ' 98 thru Apr ' 99 - Clearing , utilities construction, subgrade preparation, and base course placement. Nov ' 93 thru Apr '99 - Building foundation construction May ' 99 thru Oct '99 - Paving, building construction and landscaping (2) Total area of the site (acres) 25 Area of other sites (if a phased development project) 22 acres Area expected to undergo clearing, excavation, grading 25 acres (Phase I/II) (If 20 acres or more in total land disturbance, the plan shall be prepared by a registered professional engineer.) • 1 3 Attach a ma of the site indicating areas of total development and as a minimum:. below ( ) P g P � minimum-.( below off all features shown on map) X all areas of soil disturbance N/A areas of cut and fill (Areas of disturbance are delineated. ) X drainage patterns X approximate slopes anticipated after major grading activities X areas used for the storage of soils or wastes X location of all erosion control facilities or structures X areas where vegetative practices are to be implemented X the location of impervious structures (including building, roads, parking lots, outdoor storage areas, etc.), after construction is completed X springs, wetlands, and other surface waters the boundary of the 100-year flood plain, if determined. Will any sand & gravel operations be used for this project? Yes X No Attach a site map of each sand & gravel operation and indicate the location of pits, stockpiled material, areas where chemicals or materials are stored, surface waters, and BI\P's to control storm water runoff. • Will any temporary asphalt batch plant operations be used for this project? Yes X No Attach a site map for the asphalt batch plant operation and indicate the location of surface waters, equipment for asphalt production, stockpiles, chemical or material storage areas, and B-N-2's to control storm water runoff. (4) Describe the nature of the fill material, existing site soils, and their erodibility. Fill material will be imported crushed rock base course and asphalt surfacing. Existing site soils are classified by NRCS as Blackdog silt loam which have low soil strength and include some compressive clays. The soil is moderately erodible. • 2 Describe the location of each outfall and the name and distance to the receiving water to which it discharges. The site drains north and northeast. Flows to the north will sheet flow across existing agricultural fields. Flows to the northeast will enter Walton Ditch/Farmers Canal via sedimentation/detention pond outfall pipe and ditch. Receiving vrater is aporoximately 20 feet from the pine outfall . Part II.C.2.b Controls (1) Temporary Stabilization Practices: brush barriers X straw bale dikes erosion control blankets temporary drain diversions X minimizing clearing X temporary sediment basins X mulching X temporary seeding X silt fences Other temporary practices: (2) Permanent and Structural Stabilization Practices: • Provide the runoff coefficient if diversion structures and/or detention structures will be used. check dams retaining walls X drain inlet protection _(X ock outlet protection X dr�in2seswales X sedimentbasin/pond X ez h dikes sediment traps X -arassed waterways sod stabilization infiltration trenches, basins subsurface drains level spreader . terraced slopes permanent seeding tree and shrub planting - - — — --------- ----_. . pipe slope drains vegetative buffer strips Othe: permanent and structural stabilization practices: • 3 • (3) Vehicle tracking of sediment onto roads: Describe measures that will be used to prevent sediment tracking from the construction site onto roads. Xraveled access entrance and exit drives and parking areas (required from November: June) tire wash pad at exit drive Other measure to prevent sediment tracking: (4) When trucking saturated soils from the site, either tight trucks shall be used or loads shall be required to drain until drippage has been reduced to less than 1 gallon per hour before leaving the site. saturated soils will be trucked from the site X saturated soils will not be trucked from the site Provide a schedule of implementation for the minimum control components listed above. The minimum control components will be implemented as required to keep sediment- • laden runoff out of Walton Ditch/Farmers Canal . Ponds , diversion dikes , ditches and graveled entrances will be constructed in the beginning stages of construction. Part H.C.3. Visible or measurable erosion which results in sediment ' 3ving the construction site or entering state waters is prohibited. (Refer to Page 10 of general permit NITR100000 for a definition of visible or measurable erosion.) Part II.C.4. If any visible or measurable quantities of sediment leave the site because of the failure of the erosion control facilities, the sediment shall be immediately(within 24 hours of discovery) cleaned up and placed back on the site or disposed of in-a _ manner approved by the department. Under no conditions shall the sediment be --------- washed into the storm sewers, drainage ways or state waters. Part ITC.5. Waste Disposal: (List disposal methods for construction waste materials, hazardous waste, and sanitary wastes): Construction waste will be hauled to a permitted solid waste disposal facility Materials Storage Practices: • 4 I I i • Materials Inventory- check those materials which will be present at the site during construction: X Concrete X Masonry Blocks X Solvents X Detergents X Metal Studs X Roofing Shingles Fertilizers X Paints Tar X Fuel Pesticides X Lumber X Petroleum-based Products List any other materials to be used or stored on-site: The following product-specific storage practices will be followed on site: Petroleum and Paint Products: Spill containment will be provided for all petroleum and paint storage areas. Fertilizers and Pesticides: N/A Hazardous Materials: N/A Concrete Truck Wastewater Disposal: -A designated retention area will be provided to contain and infiltrEte 'all concrete e�r ck w stewater. Part II. .�. Nlaeasures to control pollutants in storm water discharges after construction operations have been completed: dry ponds X flow attenuation by use of vegetative waterways and natural depressions infiltration trenches or basins X storm water detention structures, including wet ponds or man-made wetlands._.= . - X storm water retention structures ' Other post-construction storm water discharge control measures: • 5 OWNER CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Grant Creek Partners David W. Hutchinson Partner Ow r s Na exri1111 Title k'.', to _ i yak .. Owner Signature (Note:Part IVILL,page 15 of permit Date number ITR100000 specifies who must sign here) CONTRACTOR CERTIFICATION • I certify under penalty of law that I understand the terms and conditions of the general Montana Pollutant Discharge Elimination System ODES) permit that authorizes the storm water discharges associated with construction activity from the construction site identified as part of this certification. Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the general MPDES permit for the storm water discharges associated with '�:onstruction activity from the identified site. As a co-permittee, I understand that I, and my company, are legally required under the Clean Water Act, to ensure compliance with the terms and conditions of the storm water erosion control plan developed under the MPDES permit and the terms ofthe MPDES permit. -- Mark Kob Quality Construction Co. Cont r ct s Na (P ' Company Name (Print) Co tractor's gnature (Note:Part IV.H 1.,page 15 of permit to tuber bITR 0000 specifies who must sign here) I Senior Project Manager Title • 6 • Storm Water GDP Permit No.: MTR100000 GENERAL. DISCHARGE PERMIT FOR STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY- AUTHORIZATION TO DISCHARGE UNDER THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with Section 75-5-101 gl=.,-MCA, ARM 17.30.1301 ., and ARM 17.30.601 rd=., applicants with an authorization letter for this "Storm Water Associated • with Construction Activity General Discharge Permit," are permitted to discharge storm water resulting only from construction.activities, to state waters-in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I, H, III and IV hereof. This permit shall become effective on the date of issuance. This permit shall expire at midnight, August 31, 2002. FOR THE MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY Frederick C. Shewman, P. E., Supervisor Water Permits Section Water Protection Bureau Permitting & Compliance Division. Dated this 19th day of May, 1997 PREAMBLE The purpose of this preamble is to provide the permit holder with some understanding of what is required for compliance under this permit. The basic principle of the permit is to identify areas or activities which may contribute pollutants to surface waters and consider practical methods to reduce such pollutants from your operation. The degree of pollution control needed will vary depending on the site and the situation. For example, if you are constructing a road on perfectly flat ground in which there are no surface waters in close proximity to your activities, the potential to cause pollution of surface water is minimal and only minimal erosion controls would be expected. On the other hand, if you are constructing a highway and there are,several stream drainages, wetlands, etc.'in close proximity to your project, very comprehensive and complete pollution controls would be expected. The major pollutant that will be a problem for construction sites will be sediment discharges from increased erosion. *If the project will impact a "live" water body (a stream , lake, reservoir, etc. that has water year round), you must insure that sediment does not reach state waters by using appropriate erosion control practices. The discharge of discolored water could cause a violation of this permit. Adequate erosion control practices must also be used to prevent sediment discharges to wetlands, riparian areas,- and ephemeral drainages. • Other pollutants most likely to be a problem-at-constrnction-sites are fuels, lubricating oils, construction materials, fertilizers and pesticides. The bottom line is store these materials properly and well away from surface waters, to prevent spills of these materials, and by not dumping in the first place. I The basic requirements of the "Storm Water Erosion Control Plan" are provided in Part H... Storm Water GDP • Permit No.: MTRIOOOOO Page 3 of 20 TABLE OF CONTENTS I. COVERAGE UNDER THIS PERMIT A. Permit Area B. Sources Covered Under This Permit C. Application Procedures II. SPECIAL CONDITIONS A. Prohibitions on Non-storm Water Discharges B. Releases in Excess of Reportable Quantities, C. Storm Water Erosion Control Plan M. MONITORING,RECORDING AND REPORTING REQUIREMENTS A. Monitoring Requirements B. Recording Requirements C. Reporting Requirements D. Records Retention E. Noncompliance Reporting F. Penalties for Tampering • IV. STANDARD PERMIT CONDITIONS A. Duty to Comply B. Continuation of the Expired Permit C. Continuation of Authorization Following Renewal of the Expired General Permit D. Need to Halt or Reduce Activity not a Defense E. Duty to Mitigate F. Duty to Provide Information G. Other Information H. Signatory Requirements I. Certification J. Penalties for Falsification of Reports K. Oil and Hazardous Substance liability L. Property Rights M. Severability N. State Laws O. Proper Operation and Maintenance P. Inspection and Entry Q. Permit Actions R. Reopener Provision S. Notice of Termination T. Definitions Storm Water GDP Permit No.: MIR100000 • Page 4 of 20 PART I. I. COVERAGE TIMER THIS PFRMTT A. Permit Area The permit applies to all areas of the State of Montana except Indian Reservations. B. Sources C_nv .nFY1 Tinder This Permit The permit covers constriction activities including clearing, grading, and excavating of a total of five (5) or more acres that is a part of a common plan for development or sale or greater than one acre of contiguous clearing, grading and excavating, any part of which is located within one hundred (100) feet of state waters. The permit may also authorize-storm water discharges from support activities related to a construction site (e.g. concrete or asphalt batch plants, equipment • staging yards, material storage areas, etc:)Provided: 1. the support activity is not a commercial operation serving multiple unrelated construction projects, and does not operate beyond the completion of the construction activity; and 2. appropriate controls and measures are identified in the storm water erosion control plan for the discharge from the support activity. All discharges shall be in accordance with the "approved" erosion control plan and the provisions of this permit. Any other direct waste discharge to public waters is prohibited unless covered by another MPDES permit. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. Storm Water GDP Permit No.: MTR100o00 Page 5 of 20 C. Armlicatinn Prncednms 1. Application Due Dates: At least thirty (30) days prior to construction taking place, the permittee (see definitions) of the construction activity shall submit an application as provided by the Department. For the purposes of this permit, both the owner and the contractor(s) are equally responsible for obtaining coverage under the general permit and shall be co-permittees. 2. Application Form: The application form requires, at a minimum, the following information: 1) Name and address of contractor; 2) Construction site address and name of owner/operator(for MDT projects, project number and designation); 3) Contact person and telephone number; 4) The nature of the construction activity; • 5) Total area of the site and the area that will be disturbed; 6) Site location (County, Township, Range, Section, 1/4 Section); 7) The best management practices to be used during construction to control sediment and erosion. 8) The best management practices to be used to control pollutants in storm water after construction is completed; 9) Name of receiving water and indicate if discharging to a municipally owned storm sewer; 10) A detailed erosion control plan must be approved prior to construction taking place; 11) A site map and a drainage map (with drainage patterns indicated). 3. Application Submittal: A signed state application form shall be submitted to: Montana Department of Environmental Quality Water Protection Bureau 1520 East Sixth Avenue ~ PO Box 200901 Helena, MT 59620-0901 Storm water GDP • Permit No.: MTR100000 Page 6 of 20 4. Authorization to Discharge: Construction activities covered under this permit are authorized to begin construction and implement the "approved" erosion control plan in accordance with the permit upon receipt of an authorization under.the general permit issued by the Department. An authorization is generally issued within 30 days of receipt of a complete application and an-adequate Storm Water Erosion Control Plan. 5. Additional Notification: A copy of the authorization letter; a local contact telephone number/address-for public access to view the erosion control plan; and a brief description of the project shall be posted-at the construction site in a prominent place for public viewing (alongside the building permit if the building permit is required to be displayed). PART H. H. RPPrTAT- roNT)mnNS A. Pmhihitinns nn Nnn-stnrm Water Discha=n All discharges covered by this permit shall be composed entirely of storm water. Discharges of material other than storm water runoff must be in compliance with an NODES permit (other than this permit) issued for the discharge. B. Re-le-aces in F-m s of R=artahln Quantities The discharge of hazardous substances or oil in the storm water discharge(s) from construction activities shall be minimized in accordance with the applicable Erosion Control Plan for the project. Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity - established under either 40.CFR 110, 40 CFR 117 or 40 CFR 302, occurs during a 24 hour period: (1) The person in charge of the construction project is required to notify the National Response Center (800-424-8802) and the Water Protection Bureau (444- 5338) as soon as he or she has knowledge of the discharge; • Storm Water GDP Permit No.: MTR 100000 Page 7 of 20 (2) The permittee shall submit, within 7 calendar days of knowledge of the release, a report with a description of the release (including the type and estimate of the amount of material released), the circumstances leading to the release, and steps to be taken to remediate environmental contamination associated with the release to the Montana Department of Environmental Quality at the address provided in Part M.C.; and (3) The Storm Water Erosion Control Plan described below must be modified within 7 calendar days of knowledge of the release to: provide a description of the release and the circumstances leading to the release; and to identify and . provide for the implementation of steps to prevent the reoccurrence of such releases and to respond to remediation of such releases. C. Stnrrn Water F.rneion Cnntml Plan Prior to commencement of construction the permittee shall prepare and implement an Erosion Control Plan. The objective of the plan is to minimize .the erosion of disturbed land during the construction and post construction activities and to minim a pollutants such as fuels, oil, grease, fertilizer, pesticides, concrete truck washout, etc. from discharging to surface waters. The plan shall: (a) be submitted to the Department 30 days prior to construction for approval; (b) be signed in accordance with the signatory requirement in Part.V.G.; (c) a copy shall also be maintained at the construction site in accordance with part M.D. of this permit; and ' (d) provide for compliance with the terms and schedule of the plan once approved by the Department and updated as appropriate. 1. a) The contractor of a construction project covered by this permit shall maintain a copy of the erosion control plan on-site and a copy of the plan shall be made available upon request to the owner, the Montana Department of Fish, Wildlife and Parks, local officials, and a municipal operator if the discharge is through a municipal system. • b) The plan must be approved by the Department and implemented at the Storm Water GDP Permit No.: MTR100000 • Page 8 of 20 beginning and throughout the lifespan of the project. The Department may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this part. After such notification from the Department, the permittee shall make changes to the plan and submit a written certification that the requested changes have been made to the Department. Unless otherwise provided by the Department, the permittee shall have 7 days after such notification to make the required changes. c) The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to waters of the state or if the erosion control plan proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with construction activity. 2. The plan may include the use of sediment basins, berms, barriers, filter strips, covers, diversion structures, seeding, sodding, and/or other control structures or best management practices (BMPs). Any plan which requires engineered structures, such as detention ponds or diversion structures, or which is prepared for a construction activity which includes 20 acres or more in total land disturbance, shall be prepared by a registered professional engineer. The erosion control plan shall include at least the following items: a. Site. T)etsrrintinn. Each plan shall, at a minimum, provide a description of the following: (1) The nature of the construction activity, including a proposed timetable for major activities; (2) Estimates of the total area of the site, and all other sites if a phased development project, and the area of the site that is expected to undergo clearing, excavation, and/or grading; • Storm Water GDP Permit No.: MTR100000 Page 9 of 20 (3) A site map indicating areas of total development and, as a minimum, all areas of soil disturbance, areas of cut and fill, drainage patterns and approximate slopes anticipated after major grading activities, areas used for the storage of soils or wastes, location of all erosion control facilities or structures and area where vegetative practices are to.be implemented, the location of impervious structures (including buildings, roads, parking lots, outdoor storage areas, etc.) after construction is completed, springs, wetlands and other.surface--watem,,and the boundary of 100-year flood plain, if determined; (4) The nature of fill material to be used, the existing soils located at the site, and the erodibility of such soils: and (5) The names of the receiving water(s) and the size, type and location'of each outfall or, if the discharge is to a municipal separate storm sewer, a letter of approval from the municipality which authorizes use of the storm sewer and the location of any storm sewer discharge to public waters. • b. �nntmis -.. Each operator covered by this permit shall develop, as part of the erosion control plan, a description of controls appropriate for the site and shall implement such controls. The following minimum components shall be addressed along with a schedule for implementation, unless approved . otherwise in writing by the permit issuing agency: (1) A description, including a schedule of implementation, of stabilization practices designed to preserve existing vegetation where practicable and re-vegetate-open areas as soon as practicable after grading or construction. In developing vegetative practices, the operator shall consider: temporary seeding, permanent seeding, mulching, sod stabilization, vegetative ° buffer/filter strips, grassed waterways, erosion control blankets and tree and shrub planting. Storm Water GDP • Permit No.: MTR100000 Page 10 of 20 (2) A description of structural practices which indicates how, to the degree practicable, the permittee will divert flows from exposed soil, store flows, or otherwise limit runoff from exposed areas of the site. In developing structural practices, the operator shall consider the appropriateness of: straw bale dikes, silt fences, earth dikes, brush barriers, drainage swales, check dams, subsurface drains, pipe slope drains, rock outlet protection, drain inlet and outlet protection, temporary drain diversions, sediment traps, temporary sediment basins, infiltration trenches or basins, and retaining walls. None of the tempvriy-control structures, including silt fences and straw bale dikes,--shall be removed until permanent vegetation and site stabilization has taken place. (3) For sites in which the tracking of sediment onto public or private roads during the wet season (November - June) will be a problem, the site shall have graveled access entrance and exit drives and parking areas. All unpaved roads on the site carrying more than 25 vehicle trips per day shall be graveled. (4) When trucking saturated soils from the site, either tight trucks shall be • used or loads shall be required to drain until drippage has been reduced to less than 1 gallon per hour before leaving the site. 3. Visible or measurable erosion which leaves the construction site or enters state waters is prohibited. Visible or measurable erosion is defined as: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume in any area of 100 square feet or less on public or private streets, adjacent property,,or into the storm and surface water system, either by direct.deposit, dropping, discharge, or as a result of the action of erosion; or b. Evidence of concentrated flows of water over bare soils; turbid or sediment laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes, where the flow of water is not filtered or captured on the site using the techniques in the approved erosion control plan; or C. Earth slides, mud flows, earth sloughing, or other earth movement which leaves the construction site. • • Storm Water GDP . Permit No.: MTR100000 Page 11 of 20 4. If any visible or measurable quantities of sediment leave the site because of the failure of the erosion control facilities, the sediment shall be immediately (within 24 hours of discovery) cleaned up and placed back on the site or disposed of in a manner approved by the Department. Under no conditions shall the sediment be washed into the storm sewers, drainageways or state waters. 5. All non-regulated wastes composed of building material must be removed from the site or disposed in approved disposal facility. Building material wastes or unused materials may not be dumped or discharged at the site. The State Solid Waste Program should be contacted concerning proper disposal of waste materials. " 6. A description of measures to control pollutants in storm water discharges that will occur after construction operations have been completed shall be addressed in the erosion control plan. Such practices may include: storm water detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetated swales and natural depressions; and • infiltration of runoff on site. PART M. M. MONTTORINr,. RRrORn1NG AND RFPORTTNG RF()ITTRFMFNTS A. Monitnring Re4uirements During the period beginning immediately and lasting through the duration of the permit, the permittee is authorized to discharge from outfall(s) as required within the erosion control plan. Such discharges shall be limited and monitored by the permittee as specified below: 1. All erosion control facilities shall be inspected and maintained by or under the direction of the permittw at least once every seven calendar days and within 24 hours after any storm event. 2. During stormy periods or periods of snow melt when runoff occurs daily, all erosion control facilities shall be inspected and maintained by or under the direction of the permittee daily. • Stony Water GDP • Permit No.: MTR100000 Page 12 of 20 3. Storm water runoff discharges shall be visually monitored at the above frequency to evaluate the effectiveness of the pollution control facilities or practices. If any measurable quantities of sediment are leaving the project or entering state waters, corrective action shall be taken within 24 hours of discovery to reduce the discharge of sediments. B. RnnordinlZ Regiiirementc The operator shall keep a record of inspections, the date and time inspected, and the name of the person performing the inspection. Uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site or entering into state waters shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to clean up the sediment that has left the site. This record shall be made available to the Department upon request and shall be signed in accordance with the signatory and certification requirements of Parts N.G. and N.H. C. Renn imp RPnuimmt-ntc • If the construction activity lasts more than 12 months, an annual inspection of the site shall be conducted to identify areas which may be contributing pollutants to storm water discharges. The annual inspection report shall be submitted to the Department 30 days after the inspection has taken place. Inspection results shall be reported in writing to the Department address below: Montana Department of Environmental Quality Water Protection Bureau 1520 Fast Sixth Avenue PO Box 200901 Helena, MT 59620-0901 Phone (406) 444-4323 D. Recnrde Retentinn All records and information resulting from the monitoring activities required by this permit shall be retained for a minimum of three (3) years, or longer if requested by the Department. I • Storm Water GDP Permit No.: MTR100000 Page 13 of 20 E. Nnncmmpliane-e Rennrting If, for any reason, the permittee does not comply with or will be unable to comply with any condition specified in this permit, the permittee shall notify as soon as possible by phone and provide the Department with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not correct, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrences of the non complying discharge. F. Penalties for Tampering • The Montana Water Quality-.Actprovides that•any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device, method or practice required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $25,000 per day of violation or imprisonment for not more than 1 year, or both. PART IV. rV. STANDARD PER= rONDMONC A. Duty to r mnly The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The permittee shall give the Department advance notice of any planned changes at the permitted facility or of an activity which may result in permit noncompliance. • Storm Water GDP • Permit No.: MTRI00000 Page 14 of 20 The Montana Water Quality Act (MCA 75-5-631) and the Federal Clean Water Act (section 309) provide significant penalties for any person who violates a permit condition. Any person who violates any condition of this permit is subject to a civil penalty not to exceed $25,000 per day of such violation, as well as any other appropriate sanction provided by section 309 of the Clean Water Act.. B. (_nntinnatinn of the Expired Permit An expired general permit continues-in full-force and effect until a new general permit is issued for all permia= who have.current authorization under the expiring general permit. C. rontinnatinn of AwhnriTatinn Fnllnwing Rewal of the Fxnired General Permit In order to obtain authorization under the renewed general permit, applicants must submit a new application for coverage in accordance with ARM 17.30.1341. D. Need to Halt nr Rehirp Artivity not a Defense • It shall not be a defense for a permittee-in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. $, Tut:V to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. F. Doty to Pmyidn Nformatinn The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit. • (•aonisod pautEu E 2uzAdn000 lEnpinrpui XUR io jEnpintpui pauiEU E iaglta oq sntp /(ELa annEluosaidai paauoginE Alnp y ) -AuEduioo agl io; siouEal MU2Urronnu2 lo; Xliligisaodsai ll�tano �utnEq uopisod io jEnpinrpui uE to gisuodsai ivaleninba;o uopisod `ivapuoiuuadns `plat] flans E io nab E;o iolEsado `iagEUEtu 1uEld;o uoptsod ag1 sE gons `XlinnoE io kilioE; p23Eln2at agi;o uonEiado Ije':-iano agi io; A1iT.gisuodsoi guinEq uo I!sod E io IWpiATP� uE iagua pa moods uopEzuoginE atl,L q `pur `luounndoa agi of pauiuigns puE anogE paquosap uostad E Aq gupuns ui opEat st uopEzitoginE ag,L E :;i Aluo aAnEiaasaJ&l pmuogm, Alnp E st aosiod y uos od lEp;o aApmuosaidw p=ogiwe Ajnp E Aq io aAogE poquosop uosiod E Sq paa2is oq Rvgs luoui=doa aqi Xq pamnbat uopEuuojm taglo puE litutad agl Sq pannbw suodw ny Z 'IMOWo paioaja 2U.DjM.io iaoWo anpnooxo lEdiouud E iatpia Aq :Aouogc oijgnd lagio io `jEiapa3 `a3ElS `�tlilEdioiunui E l03 •o 0 :Xjannoadsat `iolaudwd agl so iaauEd jEiauag E Xg :di gstolaudoId ajos io digsiomnd E lo3 •q `.iaoijo olwodioo algtsaodsoi E Aq :uopuodioo E io3 E :snsollo; se pauft ag Wags suoprogddE liuuod nV I •pagrwo puE pauBis oq nvgs luo=ndza otp of paulmgns uopiuuo;ui .to siuodw `suonwgddE fly •x •uonEuuojm io sloE; Bons uutgns Apduioid Ms ii `3u2u=doa zip of uodai An 10 uonEoilddE.i[uuad E ui uonEauO;IIi ioauooat pauiwgns to `uopEoijddE ituuad E at SloE; )UEAQIW AtM llwgnS of pajiE; ii 3Egi alEnsE SaulOoag aalitauad agi uaq& . oZ 3o S 1 ogvd 0000012i1N :,ON 1rmi2d • dUD lolum auOlS Storm Water GDP • Permit No.: MTR100000 Page 16 of 20 3. Changes to authorization. If an authorization under paragraph IV.G.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new-authorization satisfying the requirements of paragraph IV.G.2.-must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative. I. rt-rtifimtinn Any person signing a document under this section shall make the following certification: "I certify under penalty of the law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, • and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing Wolanons. " J. Penalties fnr Falsiftmtinn of R=rts The Montana Water Quality Act provides that any person whoknowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance shall, upon conviction be punished by a fine of not more than $25,000 per day, or by imprisonment for not more than 1 year per violation, or by both. K. Oil and Ha7ardnus Stthstancp T_iahility Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Clean Water Act. • Storm Water GDP ' Permit No.: MTR100000 Page 17 of 20 L. Pm=M Rights The issuance of this permit does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize any injury to private property nor any invasion of.personal rights, nor any infringement of federal, state or local laws or regulations. M. RP�ity The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. N. StatP I awc Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties • established pursuant to any applicable State-law or regulation under authority preserved by section 510 of the Act. O. Proper D=rafinn and Mainte an p The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit and with the requirements of erosion control plans. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems, installed by a permittee only when necessary to achieve compliance with the conditions of the permit.. P. InmPrtinn and Fntry The permittee shall allow the Department or the Regional Administrator, or authorized representative thereof, upon the presentation of credentials and other documents as may be required by law, to: • Storm Water GDP Permit No.: MTR100000 Page 18 of 20 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment);practices; or operations regulated or required under this permit; and, 4. Sample or monitor at reasonable times, for the purpose of assuring permit compliance, any substances or parameters at any location. Q. Permit Artinns This permit may be modified, revoked and reissued, or terminated for cause. The filing of a.request by the permittee for a permit modification, revocation and reissuance, or termination, or notification of planned changes or anticipated • noncompliance, does not stay any permit condition. R. Renpenex Pmvisinn r If there is evidence indicating potential or realized impacts on water quality due to any storm water discharge associated with construction activity covered by this permit, the owner or operator may be required to obtain an individual permit or an alternate general permit or the permit may be modified to include different limitations and/or requirements.. S. Nntire of Termination Where a site has been finally stabilized in accordance with the criteria established by DEQ dated September 22, 1994 or where the operator or contractor at a site changes, the operator or contractor of the construction site shall submit a Notice of Termination that is signed in accordance with Part N.G. The Notice of Termination shall include the following information: 1. The mailing address of the construction site. Where a mailing address for the site is not available, the location of the site must be described as County,.Township, Range, Section, and 1/4 Section; 2. The name, address and telephone number of the owner and contractor(s) involved with the site; • Storm Water GDP Permit No.: MTR100000 Page 19 of 20 3. The MPDES permit number for the construction site; 4. Documentation of whether the site-has been permanently stabilized or the contractor(s) of the project has changed; and 5. The Notice of Termination must be certified and signed in accordance with Part IV.G. and IV.H. The Notice of Termination shall be sent to the following address: Montana Department of Environmental Quality Water Protection Bureau 1520 East Sixth Avenue PO Box 200901 Helena, MT 59620-0901 The Department shall respond in writing to the permittee once the authorization • has been terminated. Failure to submit a Notice of Termination shall result in additional annual permit fee accumulation until notification has been received. T. l)efinitinnc 1. The "Act" means the Federal Clean Water Act: 2. "Best Management Practices" ("BMPs") means schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the poLution of state waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility or a BMP. 4. The "Department" means the Montana Department of Environmental Quality. • 5. "Permittee" for construction activity means both the owner of the property and the contractor(s) conducting the construction activity. For the purposes of this permit, the owner and the contractor(s) will be co- permittees under the storm water general permit. Storm Water GDP Permit No.: MTR100000 Page 20 of 20 6. The "receiving water" is the river, stream, lake, etc. which receives the discharge from your site. 7. "Severe Property Damage" means substantial physical damage to property, damage to treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. ' 8. "Storm Water" means storm water runoff, snow melt runoff, and surface runoff and drainage. • • 3G2 - 310 Permit Referenced In: Part 1, Conditions 24, 25 L m 273 (Rev. 07/01/97) (file name 273.97) Nyr "REAMBED AND LAND PRESERVATION ACT(310 w APPUCATION NO. GD-87-98 upervisors' Decision) DECISION DATE Spm-_ 24. 1 998 310 PERMIT Landowner permission,easements or other federal, state,or local permits,licenses, special use permits,or authorizations 3y be required before construction of the project. It Is the duty of the holder of this permit to determine which are necessary and Main them prior to construction of the project. NameofApplicant Wetlands West, Inc Attn: Donna Lovell Address P.O. Box 6786 City Kn2aman State TIT Zip 59_771 Perennial Stream Unnamed Stream/Ditch Supervisors' Decision (circle): Approved <Q roved w/Modificatiori Denied Not a Project Explanation: O See attached (if more room is necessary) An inspection was held on September 1, 1998 an approval was granted to do the following: Revisions have been provided - Activity involves the placement of a culvert which will affect approximately 500 linear feet of the unnamed stream/ditch through the placement of the culvert. The waterway, by necessity, will be put underground. P Expiration Date September 24, 1999 4 may not commence on a project for 15 days after receipt of this decision unless district has checked box below. Waiver of 15-day Waiting Period Supervisorignature ) ) �k Y 'Date Transmitted to Applicant and Department Team Member October 1, 1998 The applicant must agree to abide by the conditions of this permit by checking the appropriate box,signing below,and returning this form to the district office within 15 days. I hereby agree to proceed with the project in accordance with the approved application and will allow follow-up inspection. I hereby agree to proceed with the project in accordance with the modifications contained herein, and will allow follow-up inspection. I understand the project as proposed has been denied, and I may resubmit my application with modifications. if t plicant disagrees with the supervisors'decision and wishes to formally resolve the dispute, the applicant must check x below, sign, and return this form to the district within 5 working days. I disagree with the supervisors decision and hereby request arbitration. Date Qpp ature of licant: - - [ Amok -m 273 (Rev. 07/01/97) (file name 273.97) �1 0 4 rREAMBED AND LAND PRESERVATION ACT(31 ta:w)01D)YAPPLICAT'1ON NO. CD-88-98 ;upervisors' Decision) DECISION DATE_ 9-24-98 - � 310 PERMIT — Landowner permission,easements or other federal, state,or local permits,licenses, special use permits,or authorizations ay be required before construction of the project. It is the duty of the holder of this permit to determine which are necessary and stain them prior to construction of the project. NameofApplicant Wetlands West Inc. Attn: Donna Lovell Address—P.O. Box 6786 City Bozeman State PiT Zip 5g77I Perennial Stream Unnamed Stream/Ditch Supervisors' Decision (circle): Approved Approved w/Modification Denied Not a Project Explanation: C See attached (if more room is necessary) An inspection was held on Sept. 1 , 1998. Approval was granted to do the following: Proposed activity is located along an unnamed stream/ditch which receives most: of its water from the Farmers Canal. Enhancement will effect approximately 750 linear feet of the unnamed stream/ditch. Pit Expiration Date September 24, 1999 0 .is may not commence on a project for 15 days after receipt of this decision unless district has checked box below. ; ., Waiver of 15-day Waiting Period I. Supervisors' Signa es: J Date Transmitted to Applicant and Department Team Member sppt_ tn, t qgA The applicant must agree to abide by the conditions of this permit by checking the appropriate box, signing below,and returning this form to the district office within 15 days. I hereby agree to proceed with the project in accordance with the approved application and will allow follow-up inspection. I hereby agree to proceed with the project in accordance with the modifications contained herein, and will allow follow-up inspection. I understand the project as proposed has been denied, and I may resubmit my application with modifications. leapplicant disagrees with the supervisors'decision and wishes to formally resolve the dispute, the applicant must check )ox below,sign, and return this form to the district within 5 working days. I disagree with the supervisors decision and hereby request arbitration. lnature of Applicant: ZL,2zDate i 0- F 3C-3 - 404 Permit Referenced In: Part I, Conditions 24, 25 DEC-14-98 02 :33 PM • • P• 02 DEPARTMENT OF THE ARMY CARPS OF ENGINEERS,OMAHA DISTRICT • 215 NORTH 17TH STREET OMAHA.NEBRASKA 88102-4978 Re%r TO December 11, 1998 ATTENTION Of U.S. Army Corps of Engineers Helena Regulatory Of ice 301 S Park, Drawer 10014 Helena, Montana 59626-0014 Phone (406) 441-1375 FAX (4.06) 441-I 3 80 Subject: Action ID 199890698 Dave Hutchinson Grant Creek Partners ` -- 248A North Higgins Avenue Suite 4238 Missoula, Montana 59802 Dear Mr. Hutchinson: We have reviewed your Department of the Army (DA)'application for authorization to • discharge fill into approximately 0.49 acres of wetland in conjunction with the proposed Grant Creek Subdivision located in Section 1, Township 2 South, Range 5 East, Gallatin County, Montana. Based on the information provided, we have determined that the proposed work is authorized by DA Nationwide Permit 26, found in the December 13, 1996 Federal Register,Final Notice of Issuance, Reissuance, and Modification of nationwide Permits (61 FR 65874). Enclosed is a fact sheet which describes this Nationwide Permit and lists the General and/or Section 404 Only conditions which must be adhered to for this authorization to remain valid. The Montana Department of Environmental Quality has waived 401 Water Quality Certification for this project. In addition to the Section 404 Only and General conditions, the following activity specific conditions must be adhered to for the authorization to remain valid. a. Ground level photos will be taken of the stream course before construction and after development. The photos should clearly show pre and post project features associated with the stream course and provided to the Helena Regulatory office. b. Enhancement (mitigation) shall be as described in the DA application and further defined in your letter of December 7, 1998. c. The specific riparian corridor referenced in your December 7, 1998 letter shall be managed such that trimming, cutting, mowing, and chemical use does not preempt the continued presence and establishment of a riparian corridor. -- P . 03 DEC-14-98 02 :34 PM • • • - 2 1I� AIthough an Individual Department of the Army pcmiit will not be neccsslry or the project, this does not eliminate the requirement that you obtain any other applicable Federal, state, � I tribal, and local permits as required. Please note that deviations from the origin I plans and specifications of your project could require additional authorization from this offic. . You arc responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor of other authorized representative will be accomplishing the work authorized by the nationwide permit on your behalf, it is your responsibility to provide a copy of this letter and the attached conditions to them so they are aware of the limitations of this authorization. Any activity wlvch fails to comply with all the terms and conditions cif this authorization will be considered unauthorized and subject to appropriate enforcement action. This verification will be valid until September 15, 1999. In compliance witli General 0-ndition #14, the attached Compliance Certification form must be signed -tnd returned t.) this office upon completion of the authorized work and any required mitigation. • If you have any questions concerrung this determination, please contact Doug McDonald nt (406) 441-1379 and reference Action ID 199890698. Sincerely, Ool� Allan Steinle Montana Program Managcr Enclosure CF Lynn Bacon, Wetland Specialist Wetlands West, Inc. 13 S. Willson, Suite 48 Bozeman, Montana 59715 (with enclosures) DEC-07-98 05 : 14 PM • P. 02 ecember 7, 1998 r. Doug McDonald S Army Corps of Engineers Federal Building, 301 S. Park elena, MT 59626 Dear Doug: ETLANDS This letter is regarding the Bridger Peaks Towncenter Section 404 application (#199890698). EST, INC.In response to your request for information clarification (11/25/98) we submit the following: Iti, u,�i r•• ,.,,•. A) It is not reasonable to move the existing stream/ditch channel to either side of the new 1 7" St. access rather than place it in the culvert. Existing infrastructure, primarily a gas line, runs under the waterway at its present location. It is configured to "dip" under the ditch. In addition, this d�ctcr��re.ni:::l l.rnl waterway is the terminus of the Farmer's Canal irrigation ditch. Their infrastructure, a large, pre-cast concrete culvert, runs underground to terminate at the proposed 17"' St. access. As we explained in our permit application, the engineers have already re-designed two roads (N. 17a' Ave. and N. l 5" Ave.) to minimize the imacts to the site's waterway. (Please refer back to the letter submitted with this application on Oct. 8' by Morrison Maierle, Inc. and the associated Exhibit.) The local Conservation District and the FWP have agreed to the modified designs given the constraints of the project site and the City's demands. Also, please bear in mind that this waterway receives primarily irrigation wastewater along with stormwater and Walton-ditch water(see report). • B) The proposed enhancements encompass approximately 1,200 linear reet of waterway; the enhancements and creation efforts are not intended to serve as '/a acre of wetland mitigation per se. Some wetland areas will be created, others will be enhanced from marginal, sub-irrigated, overgrazed pastureland to wetland overflow shelves. This differentiation was not quantified; enhancements will be field designed by qualified personnel. Overall, this project (42+ acres) is impacting less than .5 acres of low-quality, overgrazed, sub-irrigated wetlands; it is my understanding that under Nationwide#26 this project should not require mitigation although the COE may, at their discretion, require it. The proposed enhancements to the waterway are voluntary measures the developers have agreed to in order to enhance the aesthetics and function of the waterway. Wetland avoidance has been achieved to the maximum extent practicable, even addressing future concerns over the location of N. 15'1' Ave. Q It is the goal of enhancement to return the waterway to a functional riparian corridor, planting and sprigging woody species is a critical component of the plan. Currently, no woody vegetation exists; the area has been heavily grazed for years. (Please refer to Section 8.c. of the 310 permit which addresses this revegetation issue.) I hope the above points answer your questions. Please call if you need further information. Thanks for your help! Sincerel , Donna S. Lovell, ¢tv:.rnl la•un,.ro.. Principal %Ihi;u,:h, cc: Allan Stcinlc(COE),Kcith Bcldcn(Morrison Maicrlc,Enp) N-s:,n K Rcf: CA I471404rsp 1.doc Pn•pwil4tr Nr.d I'.•t.ur t:u,t•u�CdinO 3 C-4 - MDT Access Agreements Referenced In: Part 1, Condition 23 & Part 2, Condition 15 MAP.-16-98 MON 09 :27 AMITY OF BOZ. CAP.NECIE 4062 2363 P. O1 I —"BOZ�'�r THE CITY OF BOZEMAN 0 Uj }"' 41 1 E. MAIN ST• P.O. BOX 640 PHONE(^06)S_Qe-?S21 BOZEMAN. MONTANA 60771.OG40 18a3�oa� gaJune 16, 1994 NCo.r - - Post-It'Fax Note 7677 Tti / from - ColDepc { Co. 8 Stefan Streeter �.�i 0, Field ProjPrt Manager Phone 9 more n Montana Department of Transouriatiun Faxe Fax4 P.O. Box 1110 Bozeman, MT 59715 RE: N. 19th: Baxter to Oak i Dear Mr. Streeter: In response to your letter to me of 1 June 1994, l offer the. following responses to your questions and concerns in the order presented. 1. Yes, two approaches to Saccoccia's property are to hp huilt per the ietter from Gaston Engineering. 2. The Inratinns of the. two approaches to Saccoccia's property arc correct • and do not require change. 3. The approaches are to be 24' wide field approaches. 4. The City dyfrrd to replace the fencing along Saccoccie's west property line, if disturbed. As we discussed the other day, if slope staking indicates the existing fencing will not be disturbed, it should be left in place, except at the field approaches. 5. If the fencing is disturbed and must be replaced, it should Na rPplar.Pd with F4W type fencing. 6. G-2 gates at the field approaches is preferrpd. 7. No other fencing is rery irard. Mr. T-schache, through Mr. Dun Cape has indicated that no fPnre replacement is necessary. 6. Yotl have previously received all agreements existing between the adjoining property owners and the C/ty of Bozeman. S. See answer to #8, aoove. • HOME OF MONTANA GTATC UNIVERSITY GATEWAY TO YELLOWSTONE PARK MAp.-16-9S MON 09 :27 OM Wy OF EOZ_ CAF.NECIE 406 If 2363 p_ O2 • Stefan Streeter June 16, 1394 Page Two o f Two 10. The City of Sozcman hereby requests that any changes necessdiy to accommodate the above responses be marYe to the project construction contract. Your concern about further a..ccalation of project costs is noted and appreciated. However, I would remind you that this �;e.gn7ent of the North 19th AventrA corridor i.S being paid for with Clty of Bu[en)an and private funds. No State or Federal funds are at stake here. In re.spon.ea to your letter to me of 3 June 1334, I offer the following response. Any "Intact" structures aneflur culverts encountered on this project-should be remuved to and stulud di the City of Bozeman Landfill on Story Mill Road,just nurtheast of Bozeman. Arrangements should be made in advance with the City's Street antI Sanitation Superintendent, Roger Sicz, by calling 586-3321 ext. 245. ! trust this letter is fully responsivc to your requests. If additional questions or Concerns arise, feel free to contact me. • Sincerely, 9 A16 Phillip J. Forbes Director of Public Service cc; Cralg Brawner, City En.Qineer Ruyer Sicz, Street & Sanitation Superintendent File Cco Cu • MAR-16-98 MON 09 :28 AM 0 Y OF BOZ. CARNEGIE 40[WS2 2363 P. 03 • RECEIVED JUN -7 . r.T;Z. Z, Post-it"brand fax transmittal memo 7671 0 of TO stat� B From Co. VA/cEST Co. L Dept. Phone J? Fax Fax v Soo/ -13 V W-, .;7S-7 47 r;ri t WZ 1*2 V L Z� 111 t s n. T. 1.127 lt T L! ivy.. A v L iu -.7 F�. TP . ..... r MAR-16-98 MON 09 :28 AM Y OF BOZ. CARNEGIE 400582 2363 P. 04 • tc-m -7,:-:ld b.-:3 3f ro-Jv-.-, ;j-,,-.-.-e Wit! ynn, fl c- r L:,-..t'l l C:7: 1; n 5 e pr o Linv- 7 E::5• F t MAR-16-98 MON 09 :29 AM C Y OF ROZ. CARNEGIE 40 582 2363 p, p`, Gaston Engineering (SZ Sur; r February 2, 1994 W.O. # 85-501 Phill Forbes City of Bozeman P.O. Box 640 Bozeman, MT 59715 Saccoccia Re: Approaches on New 19th Street Bozeman, MT Dear Phill, This letter is in response to a recent request by Phil Saccoccia to provide. you with information relating to the location of approaches along the new 19th Street alignment adjacent to the Saccoccia property. 40No.Using recently acquired MDOT construction plans labeled"Final Submitted 1-26-94" for project AR 94111. We find the following stationing for two approaches north of the Oak intersection. Station 171 + 25.26 (L) — (Middle Approach) Station 164 + 94.73 (L) — (Boundary Road) I've attached a copy of the drawing used to determine this stationing. Should the drawings be revised or stationing be revised, please advise. Accepteir Date If you have any questions, please feel free to give me a call. ly, Gerald M. Ga , P.E. C o ti s u i t i n g E rl; g i n e e r s & L a n d S u r v e y o r s 1!n.i; .. ;I,'',tlit�.-itt.1;,...„r.•m:m.�tT.iq-1.i :ittt�)":t>t!.'<i MAR-16-98 MON 09 :29 AM TY OF EOz. CARNEGIE 41& 582 2363 P. 06 �• I P46,£CT I-L V901 S �� AR 4i111 I g 8AXTZ7 TO OAX ST. ci V► ' k r *ci /s1 / I / h ,`•` f q 1x / r I t QQ ' t Pl vik. 164+6313 / s••3ez1'n' Rt d ST i 311SS00 ~ G L•elitsY /,ycoo=�- s LND PRO TcT AR 94111 r�.ed7� y STD. 177*17.57 U'^for n vioz�o y r1 r�.z r 1 I IU � Y o z 1760 1.079 1 H4750 1 v ` ' Cf aOG + 0,780 t7:+M N ;i>p 1 T+00 !RT, 0" SO4ARCC 4740 17 23 TO 17 LT. I 109+1 TO 170y 0 RtED 0RAL4 a ARCE p f EDCC.E RAN DISC ARCE +�+ 4730 E185+ TO 164 RT, r~ EDCE DRAIN a BOTTOM PECIAL BD kROW �W °l f 4720 a710 n j EDcle DRUM LT, Cj - ( 4700 0^f DRAM RT. I ^ y I 'VI Montana Department of Transcortatior. _cY -'- Right-of-Way Bureau - Land Section November 19, 1993 Phillip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 'e r Subject: Project t ID No. M 129912Z Uniform Project No. 0485-02 Designation N. 19th & Oak • Parcel No. 17 Ref: 66-JFK We are forwarding herewith the certified approved copy of the Right-of-Way Agreement which you may retain for your records. Thank you again for your cooperation in this matter. Joseph F. Kintli, Supervisor Land Section JFK:RCS:D:RW: 146 .kmc-1 Enclosure STATE OF M09ANA DEPARTMENT OF TRANSP AIQRt,j RIGHT-OFAVAY AGREEMENT R/W #28 (Rev. 1/92) P.E. PROJ G"a,'/ N. 19th & Oak R/W PROJECT I.D. M1299(2) Designation Gallatin UNIFORM PROJECT 00485-02 County Parcel From Station To Station Subdivision Section Township Range 17 1+00 14+90 Tract 4 1 2S 5E COS 1215 List Names & Addresses of the Grantor, Con. Purchaser & Lessee Chilip Saccoccia, Jr. 991 East Beach Pass Christian, Ms. 39571 1. IN CONSIDERATION OF THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC AGREEMENTS TO BE PERFORMED BY BOTH PARTIES HERETO AND WRITTEN IN THIS AGREEMENT, THE PARTIES HERETO BIND THEMSELVES TO THE TERMS AND CONDITIONS SET FORTH HEREIN. NO VERBAL AGREEMENTS SHALL BE BINDING UPON EITHER PARTY AND THIS AGREEMENT SHALL BECOME EFFECTIVE UPON EXECUTION BY THE SUPERVISOR, NEGOTIATION SECTION OR A DESIGNATED REPRESENTATIVE. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and Improvements in the acquired area.) 0.95 Acre subdividable resedential land (By Easement) $15,660.75 3. COMPENSATION FOR DAMAGES • 0.42 Acre Construction Permit for drainage & curb construction. $1,389.25 4. TOTAL COMPENSATION FOR PARCEL $17,050 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT. A warrant in the amount of $17,050 to be made payable to Philip Saccoccia, Jr., and mailed to same at 991 East Beach, Pass Christian Ms. , 39571. 6. For and in consideration of the compensation shown herein, the Grantor hereby grants, bargains, sells and conveys all rights of ingress and egress, including all existing, future or potential easements of access except as may be stated on the Bargain and Sale Deed. 7. Permission is hereby granted the State to enter upon the Grantors' land, where necessary and for the purposes described as follows: A. Station 11+80.54 ELIMINATE Public Approach Left B. Station 14+50 Construct 30' private road approach IVfo<' Lett: 8. The location of the approach(es) in Item 7B are subject to adjustment at the time of construction to achieve the best physical location for said approarh(es). Adjustments exceeding 15' from the specified location requires concurrence of the Grantor. Removal and construction of any approach(es) after initial construction shall be at the Grantors' sole cost. After initial construction, the Grantor or Successors in interest, may reconstruct the approach(es), herein granted, at another location on the Grantors' property on • the same side of the highway between survey station 1+00 Left and survey station 14+90 left, provided a new approach permit is first obtained from the Montana Department of Transportation District office at Butte, Montana, for relocation of the approach(es). (Continued on Next Page..).,.. Project I.D. M1299(2) Parcel No. 17 • KK (Continued from Previous Page) �',�,"• 0-P:� f U.P. 1 JV'� r S / "� F' � - �Od• � 1� ?�: i <t: a • NEGOTIATIONS BASED UPON THE APPROVED PLANS DATED 10/14/93•. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. i RECOM EN ED FOR PRQVhL- Right-of-W Agent (Date) Taxpayer I.D. Number/Social Security No. APPROVED FOR AND ON BEHALF OF THE MONTANA We understand that we are required by DEP ENT OF TRANSPOR TION: law to provide our correct taxpayer""'" f identification number(s) to the Montana ' Department of Transportation and that aa�r/ �Lp/Y failing to comply could subject us to uper - le R/W ection� (DX civil and criminal penalties. We / certify that the number(s) above is/are our correct taxpayer identification uumber(s). 7-g3 pe - ego iat n Section (Date) 11 Q3 ` ((Date) (Date) (Date) (Date) >, -2- i 3D - Correspondence 3D-1 - City of Bozeman Approval (utilities) Referenced In: Part 2, Condition 2 BOa� • • q `I? THE CITY OF BOZEMAN V 9.� 20 E. OLIVE • P.O. BOX 640 + * BOZEMAN, MONTANA 59771-0640 �9?�N8O ENGINEERING DEPARTMENT PHONE: (406) 582.2380• FAX: (406) 582-2363 February 5, 1999 Mr. Jim Ullman, E.I. Morrison Maierle, Inc. P.O. Box 1113 Bozeman, Montana 59771 RE: Bridger Peaks Town Center- Phase I Water, Sewer, Street and Storm Drainage Improvements Dear Mr. Ullman: The plans and specifications dated January 12, 1999 (with the exception of Sheets W2,W4, P 1, E2 which are dated February 4, 1999), prepared by Morrison Maierle, Inc. under the seal of Keith. S. Belden, 10692ES, and Michael G. Hickman, 6482PE, for the above-referenced project, have been reviewed by the City Engineer and found to be in compliance with City of Bozeman standards and requirements. Approval of the plans and specifications is hereby given subject to • the following provisions: 1. Easements for all water and sewer mains and storm drainage facilities shall be provided on the final plat or in case of easements required outside of the platted area prior to filing of the final plat. 2. The record drawings shall delete the note on Sheet Wlregarding water service curb stops being installed on the easement line. 3. All fire service lines shall be tested separately from the water main. 3. Benchmark elevations shall be established for all new hydrants on the project. Said elevations shall be certified by either a P.E. or R.L.S. registered in the state of Montana. The datum used as the basis for the elevations shall be clearly identified. This approval pertains only to the above-referenced infrastructure improvements. Other facilities or improvements shown or referenced on the plans, which may be subject to review and approval requirements of other City, County, State, or Federal agencies have not been revie-,ved or approved. Any change in the approved plans and specifications,other than those listed above, shall be submitted to the City Engineer's office for review and approval prior to construction. • A Preconstruction Conference shall be conducted by the project engineer with attendance by the Owner's Contractor, the Engineer's Inspector, and the City of Bozeman prior to initiation of construction. Attached is a Preconstruction Meeting Criteria Checklist identifying items which must be addressed or completed prior to scheduling the Preconstruction Conference (note: all permits HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK listed may not be applicable). Shop Drawings reviewed and approved by the Project Engineer shall • be submitted to this office at least two working days prior to the preconstruction conference. Please contact this office regarding scheduling a date for the preconstruction conference. Prior to initiation of construction, copies of the Contractor's Performance and Payment Bonds,each in an amount equal to 100%of the contract amount,in favor of the Owner,shall be filed with the Owner and the City of Bozeman. The Project Engineer shall provide adequate(i.e. full time)project construction inspection, and within 90 days of construction completion the project engineer shall certify to the City of Bozeman, and the Montana Department of Environmental Quality that the project was completed in accordance with the approved plans and specifications. This certification shall be accompanied by 1) an accurate and complete set of Mylar Record Drawings signed by the Project Engineer, 2) a complete copy of the inspectors daily diary, 3) a complete testing records file documenting project compliance with the approved specifications, and 4) a completed "Certificate of Completion and Acceptance", copy available upon request. This approval is given with the understanding that constriction will be initiated within one year of this date. If more than one year elapses before the beginning of construction, it shall be necessary to resubmit the plans and specifications for re-approval before initiating any subsequent construction. One set of the plans and specifications bearing the City's approval are enclosed. • If youhave any a contact this office. y questions ns o please s Sincerely, Q--� /2 raK Craig E. Brawner, P.E. City Engineer cc: Phillip J. Forbes, Director of Public Service Mike Certalic, Water/Sewer Superintendent Andrew S. Kerr, Engineering Assistant Dave Hutchinson, Grant Creek Partners Water Quality Bureau ERF Project File Enclosures • PRECONSTRUCTION MEETING CRITERIA CHECKLIST City of Bozeman PROJECT NA,',IE: PROJECT -TYPE: sani:ary S?':l?r. storm sE'.'!=', Stree.,-- -- -------- --- O`AINEP,/D EVE LOPEER: _—_--- ENGINEER: Mer�r's ¢�_ Maiai�� �•, C — ----- --- CONTRACTOR: PRECONSTRUCTION CONFERENCE SUBMITTALS CHECKLIST DATE i REQUIRED SUB`AiTTAl REQUIRED RECEIVED COMiMEP11TS APproved Plans & Speci.Scations: �EQ Approval I I1 (02 9 bI VWB A.poroyal y 2 8 Q y — f L-xecuted Easements Abandoned Easements _ _ —�— Snop/Fabrication Dravlings ' I _(submit t�:;o days before precon. m=_ring) Tra`ic Control Pia.-) ' ✓ i _(subrnit one week be,gre pr�con. m�_'in�) � Copy c.Contractor's Bonds Ca:,J Qi C0.,r.:tons PER,r11TS: I ►SIP. �e���t:�n� loa we11 1�,n De::atering Discharg-2 Permit (i`,lDHES) NI R 310 Permit (SCS/FW/P) I 1 9 1 Z4 .92, I 40" Permit (Corps) i i IZkI9a '. Sto;m;;a'e Control Permit (i`r1DHES) i _ (off s)98 Sr_-' Cut FErmit (CO3'C0-JntY) _ U::ity Occura lcY Pei mi_Q;-lDOT/C,-jnty) ----- Flood Pi=_;n (COB) �/IJ(�i�gB� �ecvn�6it 7a JrcT�fC.H,ivc /� N�F-,aoEp A+r0 O8T4,.0 (,,rill not be schedules until all PFE'CONJ—,R)UrT IOV D"JE. above applicable submittals are recek ed) •;J _. Sn�, =a'�::a.._-O:a•...-.;; s`�a'.c�a. En; ,_e:'s z�;,r�•:a!\•`•_'r',S':.i•T::;?:. r.. :.. CS-?-'S 4o ���� eraieme��S �n sch�cl,e �-�ne anz t'econ�t2�cnc� pit m� C, �\nt 1 Z0a�• s 3D-2 — MDEQ Approvals (Utilities and Master Plan) a � Referenced In: Part 2. Condition 2 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING&COMPLIANCE DIVISION Community Services Bureau E sT Public Water Supply Section >998 MARC RACICOT,GOVERNOR , STATE OF MONTANA �y Phone:(406)444-4400 Metcalf Building Fax: (406)444-1374 1520 E Sixth Ave PO Box 200901 Helena,MT 59620-0901 November 2, 1998 JIM ULLMAN MORRISON MAIERLE INC PO BOX 1113 BOZEMAN MT 59715-1113 GALLATIN COUNTY E.Q. # 99-1597A RE: BRIDGER PEAKS TOWN CENTER - WATER & SEWER MAIN EXTENSION - MASTER PLAN AREA Dear Mr. Ullman: I Plans and specifications for the above-referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications have been found to be satisfactory and approval is hereby given. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received 10/23/98 under the seal of. Keith S. Belden- P.E. #10692ES. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as-built"record drawings signed by the project engineer. It is further understood that construction will be started within two years of this date. If more than two years elapse before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. Please be aware that this project may need a storm water general permit. Please contact Vicki Sullivan or Nick Bugosh at 406-444-3080 for more information. Sincerely, LA-t'ola C v Janet G. Cherry U Environmental Engineer cc: Grant Creek Partners Gallatin County Sanitarian File 'AN EOUAL OPPORTUNITY EMPLOYER" •REC'0 4in,r 3 ��?8 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION sr METCALF BUILDING MARC RACICOT,GOVERNOR 1520 E SIXTH AVE ---- STATE OF MONTANA (406)444-3080 November 2, 1998 PO BOX 200901 FAX(406)444-1374 HELENA, MONTANA 59620-0901 A JIM ULLMAN MORRISON MAIERLE INC PO BOX 1113 BOZEMAN MT 59771 RE: Bridger Peaks Town Center Masterplan Gallatin County E.Q. #99-1597 Dear Mr. Ullman: This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in comphance with the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA 1995, and the administrative rules, ARM Title 17, Chapter 36, Sub-Chapters 1, 3, & 6. Under 76-4-111 (3), MCA, this subdivision is not subject to The Sanitation in Subdivisions Act, and can be filed with the county clerk and recorder. Since this subdivision is in a master planned area, and has fulfilled the requirements of the master plan exclusion, the plat can be filed. Please note, however, the requirements of the Public Water Supply Act, Title 75, Chapter 6, MCA. No construction of water supply or sewage disposal facilities can commence until the Department has approved plans for those facilities submitted under Title 75, Chapter 6, and ARM Title 17, Chapter 38, Sub-Chapter 4. Plans and specifications must be submitted when extensions of any system of water supply, water distribution, sewer, wastewater or sewage treatment or disposal is proposed. Construction prior to approval is prohibited, and is subject to the penalty prescribed in the Public Water Supply Act, Title 75, Chapter 6, Section 113, MCA. Where these plans have received approval from DEQ no further review is necessary. Where they have not received approval it is necessary to obtain approval prior to any construction. Sincerely, Mary Stuality eder Water Specialist Subdivision Section Water Protection Bureau cc: file Engineer, City of bozeman fil a 'AN EOUAL OPPORTUNITY EMPLOYER" 3D-3 - January 291h, 1999 letter to Tim Cooper Referenced In: Part 2, Condition 12 F,�e Ai—yl MOFRISON ENGINEERS jv SCIENTISTS :.�� SURVEYORS J� INC._ MAIERLE, LANNERS —�i—�! `'' • 901 TECHNOLOGY BLVD - P.O.• P.O.BOX 1113 • BOZEi.tAi�l.P.I? i9711 • �06.687-0721 • FdX:d06-687.1176 • An Employee-Ou•ned Compan-r January 29, 1999 Mr Tim Cooper Assistant City Attorney City of Bozeman PO Box 640 Bozeman, MT 59771-0640 Subject: Bridger Peaks Town Center Dear Tim: I wanted to express our thanks to you for reviewing with me several documents critical to the platting process for Bridger Peaks Town Center Planned Unit Development and Subdivision. Following is a summary of the foremost issues: 1) The City will prepare the "Hold Harmless Agreement" for review by the developer and _ his agents. The executed agreement will satisfy Condition No 1 of the PUD conditions identified in a letter from Chris Saunders dated September 9, 1998. We look forward to receiving this document in the near future. 2) City Planning Staff has prepared drafts of the PUD Improvements Agreement and D the Subdivision Improvements Agreement. The Subdivision Improvements Agreement contains an indemnity provision that requires significant modifications or elimination- from the document. We reviewed several recent improvements' agreements and found that they did not contain any indemnity clauses. Your thoughts on this will be appreciated. 3) The draft copy of the Waiver of Right to Protest the Creation of SID's for certain improvements appears complete. My question to you is can we amend this document to apply to only Phase 1 and Phase 2? Phases 3 and 4 received preliminary plat approval and will not be platted with the first plat of Phases 1 and 2. Additionally, Phases 3 and 4 will require a major site plan review to determine compliance with the PUD Master Plan. Beginning 0ur Second Half Century • Your assistance in completing these documents is greatly appreciated. Sincerely, Morrison-Maierle, Inc. Keith S. Belden, PE Bozeman Branch Office cc: Dave Hutchinson, Grant Creek Partners Peter Dayton, Attorney, Worden, Thane & Haines, P.C. Chris Saunders, City Planning H:\3121\001\01\031\Corres\cooper.wpd • I 3D-4 — January 5th and 18Ih, 1999 Letters to Chris Saunders (with infrastructure cost estimates) Referenced In: Part 1, Condition I ` � MOFMSON ENGINEERS I,•. SCIENTISTS ,,��g'g���f� r SUPNNES RVEYORS MMERLE, INC. 901 TECHNOLOGY BLVD •P.O.BOX 1113 • BOZEMAN,MT 59771 •406-587-0721 • FAX:406-5587-117 MA6 • An Employee-Owned Company January 5, 1999 , Mr. Chris Saunders Associate Planner P.O. Box 640 Bozeman, MT 59715 Re: Bridger Peaks Town Center MM# 3121.001 040 0310 Dear Chris: The attached infrastructure cost estimates are provided to prepare a Subdivision Improvements Agreement for Bridger Peaks Town Center. The cost estimates provided are for the infrastructure that would require posting of security as follows: Water Sewer Drainage Oak Street Improvements North 19'Ave. Improvements Tschache Lane Signal at Oak and 19t' U Sidewalks Parking Lot Paving Landscaping Attached is a cost estimate for the water, sewer, drainage,Tschache Lane, sidewalks and parking lot paving. The estimated cost for the Oak Street improvements is $60,000, for North 191 Ave. Improvements is$52,000 and for the Signal at Oak and 191 is$225,000. I understand the landscape architect has provided the cost estimate for the required landscaping. If you should need any additional information don't hesitate to contact Mike Hickman or myself. Sincerely, Morrison=Maierle, Inc. ames A. Ullman, E.I.T. Project Engineer cc: Dave Hutchinson, Grant Creek Partners • Andy Stevenson, Fehlmann-LaBarre Mike Hickman, Morrison-Maierle,Inc. HA3121\001\Correspondence\SAUNDERS2.W PD Beginning Our Second Half Century � • AJMOFMSON ENGINEERS SCIENTISTS SURVEYORS PLANNERS MMERLE, INC. 901 TECHNOLOGY BLVO • P.O.8OX 1113 •BOZENIAN.NIT 59771 .406.587-0721 •FAX:406-587-1176 An Employee-Ou•ned Company January 18, 1999 Mr. Chris Saunders Associate Planner P.O. Box 640 Bozeman, MT 59715 Re: Bridger Peaks Town Center MM# 3121.001 040 0310 Dear Chris: Attached is an updated infrastructure cost estimate for Bridger Peaks Town Center. Also attached is a memo outlining the probable costs of the signalization and geometric improvements along North 19`h corridor between Durston and Baxter. The costs outlined in the memo should be adequate to prepare a DRAFT Subdivision Improvements Agreement for Bridger Peaks Town Center since they were used once before. This information and the information the landscape architect has provided should be all that is needed to prepare a DRAFT Subdivision Improvements Agreement for Bridger Peaks Town Center. If you should need any additional information don't hesitate to contact Mike Hickman or myself. Sincerely, D Morrison-Maierle, Inc. ames A. Ullman, E.I.T. Project Engineer cc: Dave Hutchinson, Grant Creek Partners Andy Stevenson, Fehlmann-LaBarre Mike Hickman, Morrison-Maierle, Inc. H:\3121\001\Corres\SAUNcDERS3.WPD Beginning Our Second Half Century 02101/ 9 J I0 R R I s O\• • MM#3121.001/040 0310 H:\3121\001\QPRO\COSTEST.WB3 11 MA I E 1-11 h:i An Employee-Owned Company BRIDGER PEAKS TOWN CENTER QUANTITIES & COST ESTIMATE FOR ESTIMATING PURPOSES WATERIMPROVEMENTS -SCHEDULEI ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE AMOUNT NO. QUANTITY 1 CONNECT TO EXISTING WATERMAIN 2 EA $1,000.00 $2,000.00 2 8-INCH CLASS 51 DUCTILE IRON PIPE WITH 3 THRUST BLOCKING, IN PLACE 925 LF $23.00 $90,275.00 3 6-INCH CLASS 51 DUCTILE IRON PIPE WITH 146 LF $21.00 $3,066.00 THRUST BLOCKING, IN PLACE 4 4-INCH CLASS 51 DUCTILE IRON PIPE WITH 60 LF $20.00 $1,200.00 THRUST BLOCKING, IN PLACE 5 OVEREXCAVATION 380 CY $4.00 $1,520.00 6 8-INCH GATE VALVES AND VALVE BOXES, WITH 10 EA $900.00 $9,000.00 THRUST BLOCKING, IN PLACE 7 4-INCH GATE VALVES AND VALVE BOXES, WITH 3 EA $500.00 $1,500.00 THRUST BLOCKING, IN PLACE 8 18X8X8 TEES WITH THRUST BLOCKING, IN PLACE 6 EA $300.00 $1,800.00 • 9 8X6X8 TEES WITH THRUST BLOCKING, IN PLACE 7 EA $275.00 $1,925.00 10 8X4X8 TEES WITH THRUST BLOCKING, IN PLACE 3 EA $250.00 $750.00 11 8-INCH, 90 DEG. BEND, IN PLACE 3 EA $200.00 $600.00 12 8-INCH 45 DEG. BEND WITH THRUST BLOCKING, 6 EA $200.00 $1,200.00 IN PLACE 13 8-INCH 22.5 DEG. BEND WITH THRUST 1 EA $200.00 $200.00 BLOCKING, IN PLACE 14 8X6 REDUCER WITH THRUST BLOCKING, IN 3 EA $200.00 $600.00 PLACE 15 8-INCH END CAP WITH THRUST BLOCKS AND 2 EA $150.00 $300.00 MARKER POSTS, IN PLACE 16 14X8X14 TAPPING TEE WITH VALVE AND 2 EA $5,000.00 $10,000.00 THRUST BLOCKING, IN PLACE FIRE HYDRANT AND ASSEMBLIES (TO INCLUDE FIRE HYDRANTS, 6-INCH GATE VALVE WITH 17 BOX, 6-INCH HYDRANT WITH THRUST 11 EA $2,200.00 $24,200.00 BLOCKING IN PLACE 7.5 FT BURY, EXCEPT AS NOTED) 18 4" FIRE SERVICE LINE INSTALLED AS PER C.O.B. 3 EA $800.00 $2,400.00 STD. DRAWING#02719-3 19 4"OS&Y VALVE, IN PLACE 3 EA $150.00 $450.00 20 8" FIRE SERVICE LINE INSTALLED AS PER C.O.B. 1 EA $1,200.00 $1,200.00 STD. DRAWING#02719-3 • 21 8" OS&Y VALVE, IN PLACE 1 EA $250.00 $250.00 NEW 1"WATER SERVICE LINES. INCLUDES NEW CORP STOP, CURB STOP AND BOX, 1" 22 DIAMETER TYPE K COPPER SERVICE LINE 1 EA $600.00 $600.00 STUBBED 6' INTO LOT WITH 10' P.U.E. CURBBOX AT END OF SERVICE, WITH MARKER POSTS NEW 1-1/2"WATER SERVINES. INCLUDES NEW CORP STOP, CURB SWP AND BOX, 1-1/2" 23 DIAMETER TYPE K COPPER SERVICE LINE 12 EA $700.00 $8,400.00 STUBBED 6' INTO LOT WITHIN 10' P.U.E. CURBBOX AT END OF SERVICE, WITH MARKER • POSTS NEW 2"WATER SERVICE LINES. INCLUDES NEW CORP STOP, CURB STOP AND BOX, 2" 24 DIAMETER TYPE K COPPER SERVICE LINE 2 EA $900.00 $1,800.00 STUBBED 5' FROM BUILDING CURBBOX AT END OF SERVICE, WITH MARKER POSTS 25 1"TEMPORARY WATER SERVICE, IN PLACE 2 EA $700.00 $1,400.00 26 IWATER MAIN INSULATION, IN PLACE 488 ffS-F- $4.00 $1,952.00 SUB-TOTAL OF WATER IMPROVEMENTS-SCHEDULE 1 $168,588.00 SEWERIMPROVEMENTS-SCHEDULEI ITEM ESTIMATED DESCRIPTION UNIT UNIT PRICE AMOUNT NO. QUANTITY FIELD BORE INTO EXISTING SANITARY SEWER 1 MANHOLES AND FORM NEW CHANNELS, IN 1 EA $1,500.00 $1,500.00 PLACE 2 CONNECT TO EXISTING SEWER STUB 1 EA $500.00 $500.00 3 8-INCH SDR 35 PVC SEWER MAIN, IN PLACE. 3051 LF $20.00 $61,020.00 • 4 6-INCH PVC SDR 35 SEWER SERVICE AND END 1 EA $600.00 $600.00 CAP, WITH MARKER POST 5 6-INCH SDR 35 PVC PIPE 170 LF $20.00 $3,400.00 6 6-INCH SANITARY SEWER CLEAN-OUT, IN 2 EA $300.00 $600.00 PLACE 7 4-INCH PVC SDR 35 SEWER SERVICE AND END 18 EA $550.00 $9,900.00 CAP, WITH MARKER POST 8 4-INCH SDR 35 PVC PIPE 690 LF $16.00 $11,040.00 9 4-INCH SANITARY SEWER CLEAN-OUT, IN 2 EA $250.00 $500.00 PLACE 10 8-INCH SANITARY SEWER CLEAN-OUT, IN 2 EA $400.00 $800.00 PLACE 11 CONSTRUCT STANDARD SANITARY SEWER 11 EA $1,400.00 $15,400.00 MANNHOLE (5' DEPTH), IN PLACE 12 ADDITIONAL 48" DIAMETER MANHOLE DEPTH IN 58 VF $100.00 $5,800.00 EXCESS OF 5', IN PLACE TEST GROUNDWATER FOR 13 PER-CHLORO-ETHANE AND 3 EA $100.00 $300.00 TETRA-CHLORO-ETHANE (SEE SPECIAL PROVISIONS) 14 OVEREXCAVATION 362 CY $4.00 $1,448.00 SUB-TOTAL OF SEWER IMPROVEMENTS-SCHEDULE 1 $112,808.00 • ORMWATER IMPROVEMENTS -SCHEDU ITEM DESCRIPTION ESTIMATIDNIT UNITAMOUNT TE QUANTI PRICE 1 HEIVIUVE AND DISPOSE OF EXISTING CMP CULVERTS 3 EA $400.00 $1,200.00 2 30-INCH HDPE PIPE, IN PLACE 523 LF $35.00 $18,305.00 3 24-INCH HDPE PIPE, IN PLACE 831 LF $30.00 $24,930.00 4 18-INCH HDPE PIPE, IN PLACE 315 LF $27.00 $8,505.00 5 15-INCH HDPE PIPE, IN PLACE 1418 LF $25.00 $35,450.00 6 24-INCH HDPE F.E.S., IN PLACE 1 EA $450.00 $450.00 7 24-INCH RCP, IN PLACE 232 LF $32.00 $7,424.00 8 24-INCH RCP- F.E.S., IN PLACE 4 EA $450.00 $1,800.00 8-INCH C900 PVC STORM SEWER SERVICE 9 STUBBED 7' FROM BUILDING WITH MARKER 432 LF $20.00 $8,640.00 POST 6-INCH C900 PVC STORM SEWER SERVICE 10 STUBBED 7' FROM BUILDING WITH MARKER 614 LF $18.00 $11,052.00 POST 4-INCH C900 PVC STORM SEWER SERVICE 11 STUBBED T FROM BUILDING WITH MARKER 392 LF $16.00 $6,272.00 POST 12 OVEREXCAVATION 150 CY $4.00 $600.00 13 6-INCH SERVICE WYE 5 EA $175.00 $875.00 • 14 4-INCH SERVICE WYE 3 EA $150.00 $450.00 15 54-INCH DIA. CURB INLET, IN PLACE 2 EA $1,350.00 $2,700.00 16 48-INCH DIA. CURB INLET, IN PLACE 6 EA $1,200.00 $7,200.00 17 36-INCH DIA. CURB INLET, IN PLACE 6 EA $1,000.00 $6,000.00 18 54-INCH DIA.AREA INLET, IN PLACE 2 EA $1,350.00 $2,700.00 19 48-INCH DIA.AREA INLET, IN PLACE 1 EA $1,200.00 $1,200.00 20 36-INCH DIA. AREA INLET, IN PLACE 3 EA $1,000.00 $3,000.00 21 OUTLET STRUCTURE, IN PLACE (SEE DETAIL) 1 EA $3,500.00 $3,500.00 SUB-TOTAL STORMWATER IMPROVEMENTS -SCHEDULE 1 $152,253.00 • STREERMPROVEMENTS -TSCHACHE LANE -SCONDULE I ITEM DESCRIPTION ESTIMATED UNIT UNIT AMOUNT • NO. QUANTITY PRICE HOT PLANT MIX ASPHALT CONCRETE, 'TYPE B' 1 SURFACE COURSE (3" DEPTH), COMPACTED, IN 450 TONS $30.00 $13,500.00 PLACE 2 1-1/2 INCH MINUS CRUSHED BASE COURSE (6" 562 CY $16.00 $8,992.00 DEPTH), IN PLACE 3 6-INCH MINUS SELECT SUB-BASE COURSE (12" 1825 CY $7.50 $13,687.50 DEPTH), IN PLACE 4 EMBANKMENT, IN PLACE 1150 CY $3.00 $3,450.00 5 CURB AND GUTTER, IN PLACE 1425 LF $10.00 $14,250.00 6 STD COB 5' SIDEWALK, IN PLACE 3310 SF $3.00 $9,930.00 7 EDGE DRAIN, IN PLACE 170 LF $4.00 $680.00 8 LATERAL CONNECTIONS TO STORM INLETS, IN 50 EA $25.00 $1,250.00 FPLACE g- STOP SIGNS/STREET MARKER SIGNS, IN PLACE 1 EA 1 $200.00 $200.00 SUB-TOTAL STREET IMPROVEMENTS -TSCHACHE LANE-SCHEDULE 1 $65,939.50 PARKING LOT IMPROVEMENTS-SCHEDULE I ITEM I DESCRIPTION ESTIMATED UNIT UNIT AMOUNT NO. QUANTITY PRICE HOT PLANT MIX ASPHALT CQNGRF-TF-, (TYPE 1:3) • 1 SURFACE COURSE, COMPACTED, IN PLACE 10,640 TONS $30.00 $319,200.00 2 1-1/2 INCH MINUS CRUSHED BASE COURSE (8" 13,856 CY $16.00 $221,696.00 DEPTH), IN PLACE 3 6-INCH MINUS SELECT SUB-BASE COURSE 22,862 CY $7.50 $171,465.00 GRAVEL, IN PLACE 4 EMBANKMENT 11,590 CY $3.00 $34,770.00 5 UNCLASSIFIED EXCAVATION 11,182 CY $2.00 $22,364.00 6 STRIPPING TOPSOIL (1 FOOT DEPTH) 20,784 CY $2.00 $41,568.00 7 CURB AND GUTTER, IN PLACE 16,070 LF $10.00 $160,700.00 8 CONCRETE SIDEWALK, IN PLACE 27,492 SF $3.00 $82,476.00 9 STOP SIGN/STREET MARKER SIGN, IN PLACE 5 EA $200.00 $1,000.00 10 STRIPING AND PAVEMENT MARKINGS 1 LS $5,000.00 $5,000.00 SUB-TOTAL PARKING LOT IMPROVEMENTS -SCHEDULE 1 $1,060,239.00 WATER, SEWER,AND PARKING LOT AND STREET IMPROVEMENTS -SCHEDULE I SUB-TOTAL OF WATER IMPROVEMENTS-SCHEDULE 1 $168,588.00 SUB-TOTAL OF SEWER IMPROVEMENTS- SCHEDULE 1 $112,808.00 SUB-TOTAL STORMWATER IMPROVEMENTS-SCHEDULE 1 $152,253.00 • SUB-TOTAL STREET IMPROVEMENTS-TSCHACHE LANE-SCHEDULE 1 $65,939.50 SUB-TOTAL PARKING LOT IMPROVEMENTS-SCHEDULE 1 $1,060,239.00 TOTAL FOR WATER, SEWER, PARKING LOT & STREET IMPROVEMENTS $1,559,827.50 I� 3D-5 - August 6th and 17th, 1998. Letters to Chris Saunders Referenced In: Part 1, Condition 19 08/07/98 0 6 33 V406 587 076 31ORRI$ON MAIERLE 444 CITY ENGINEERS 10001/002 ENGINEERS MORMSON SCIENTISTS SURVEYORS PLANNERS MAIERLE, INC. 901 TECHNOLOGY 8!_V0 • P.O.BOX 1113 • BOZEMAN,6tT 597771 • 4C6-587-0721 • FAX:406-587-1175 An Employee.Owned Company August 6, 1998 P,r—:C V rE D BY Mr Chris Saunders AUG 0 7 1998 lCity-County Planning PO Box 640 Bozeman, MT 59771-0640 Subject: Bozeman Peaks Town Center PUD (Z-9811 3) and Major Subdivision Preliminary Plat (P-9833) Dear Chris: Please accept this letter as a modification to our original request to obtain building permits for Lot 5 prior to the completion of improvements. As a result of strategy • meetings with Grant Creek Partners and their builder, Quality Construction from Missoula, MT, we are modifying our original request to allow the issuance of a building permit for the in-line building prior to the completion of the off-site improvements including the lane widening of Oak Street and N. 19` Ave and the signalization of Oak at 1 9th. This request will require that the following conditions be modifie'd to reflect that off-site improvements must be -installed prior to temporary occupancy of any structure: Planning - Zoned Planned Unit Development #4 Engineering #2 Engineering #13 Engineering #14 Engineering #17 Engineering #20 In addition to the modifications to the above conditions we offer that the following items should become part of Engineering #20 or a separate condition: 1 ) All on-site water and sewer must be installed, tested and' accepted by the • city prior to the issuance of ANY building permits. 2) Plans for all off-site improvements must be "approveable" by the City and MDOT prior to the issuance of ANY building permits. 3) Temporary occupancy is contingent upon the completion of the off-site improvements. 08/67/98 0 6:3 4 %Y406 587 1176 MORRISON MAIERLE -+-)4 CITY ENGINEERS 1in 002/002 I', MORRISON • i.41U MAIERLE,INC We have identified a critical path construction sequence that provides for tenant occupancy in the last quarter of 1999. Deviations from the following or the inability to obtain building permits will result in a three season construction process with undesirable consequences for the owners. 1) Construct all underground water and sewer and storm water systems and grade site to plan grade in the fall/winter of 1998.. Place first lifts of pit run gravels to provide access for construction and emergency purposes. 2) Concurrently prepare improvement plans for off-site infrastructure and process the final site plan and final plat for filing. 3) Submit building plans for review in the late fall of 1998. 4) Secure building permit(s) for in-line building in late January, 1999. Contractor to being steel procurement process and construction of steel stud walls off-site at their shops in Missoula for later transport to project site in Bozeman. 5) Begin building foundations in April, 1999. Follow with assembly line type • construction of buildings working from one end to the other. 6) Complete off-site lane widening and signalization during early to mid- summer. Completion of improvements to coincide with shell enclosure at which time temporary occupancy could occur. I look forward to meeting with the-DRC on August 18, 1998, to review the contents of this letter prior to the Planning Board hearing on the same date. Sincerely, Morrison-Maierle, Inc. Keith S. Belden, PE Bozeman Branch Office cc: Dave Hutchinson, Grant Creek Partners Andy Stevenson, Fehlman-LaBarre Architects • Craig Brawner, COB City Engineer James Nickelson, COB Project Engineer Andy Epple, Planning Director H:\3121.001\REVCOND.WPD August 6, 1998 i s: • MoFmsot ENGINEERS SCIENTISTS ]'a SURVEYORS PLANNE J �-- " ?aERLE, INC. 901 TECHNOLOGY BLVD • P.O.BOX 1113 • BOZEMAN,MT 59771 • 406-587.0721 • FAX:406-587.11R76 • An Employee-Owned Company August 17, 1998 Mr. Chris Saunders Assistant Planner City of Bozeman PO Box 640 Bozeman, MT 59771-0640 Subject: Bridger Peaks Town Center - Revised Site Plan Dear Chris: Attached please find the Bridger Peaks Town Center Site Plan, revised to reflect a requested realignment of the access opposite 171h Ave. on Oak St. We have included 20 copies for distribution to DRC and the Planning Board. As discussed at the last DRC meeting on August 4, 1998, this realignment will result in a net loss of open space due to placing part of the Farmers Canal!Walton Ditch in a box culvert and due to the rearrangement of storm water detention areas. The site plan included with this letter has open space equal to 28% or 10.55 acres. We are proceeding with the 310 and 404 applications to permit the construction of the culvert for the road access. We look forward to further discussing this issue at the DRC and Planning Board meetings scheduled for Tuesday, August 18, 1998. Sincerely, Morrison-Maierle, Inc. Keith S. Belden, PE Bozeman Branch Office cc: Dave Hutchinson, Grant Creek Partners Andy Stevenson, Fehlman-LaBarre H:1312110011CorreS1DRC8_18.W PD April 14, 1999 Beginning Our Second Half Century 3E - Miscellaneous Attachments • i 3E-1 - 0 List of Applicants / Owners Referenced In: Part 1, Condition 4 BRIDGER PEAKS TOWN CENTER SUBDIVISION, PHASES I & II LIST OF APPLICANTS/OWNERS In accordance with Requirement No. 2 on the Planned Unit Development (PUD) Final Plan Submittal Checklist, the following list names all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the Bridger Peaks Subdivision, Phases I and II: Dave Hutchinson Jack Naliboff Harold D. McNee, Jr., President H & S Financial Corporation, a California corporation • Managing Member All of Bridger Peaks, L.L.C., a Delaware Limited Liability Company P.O. Box 16101 Missoula, MT 59808 Phone No. (406) 541-0463 HA3121\040\C0RRESP\ownr1 ist.wpd 3E-2 - Floor Area Ratios Referenced In: Part 1, Condition 2 i FLOOR AREA RATIOS BRIDGER PEAKS TOWN CENTER SUBDIVISION, PHASES I AND II Lot Lot Area Building Number Floor Area Floor Area Ratios No. (sq. ft.) and Floor Area(sq. ft.) Totals (sq. ft.) (lot area/floor area) BANK/FINANCIAL: 1 37,625 "J" 5,200 0.14 6 30,961 "L" 3,000 0.10 10 42,086 "P" 7,000 0.17 Bank/Financial Totals: 110,672 15,200 0.14 RESTAURANT/CAFE/BAR: 3 36,438 (no building) 0 0.00 4 41,542 "K" 5,700 0.14 7 34,853 "M" 4,700 0.13 9 36,165 "N" 2,450 0.07 Restaurant/Cafe/Bar Totals: • 148,998 12,850 0.09 RETAIL: 2 117,590 '06cG" 12,171 "H" 15,095 Lot 2 Totals: 27,266 0.23 5 293,386 "A" 56,400 0.19 8 88,038 "E" 3,247 "F" 11,634 Lot 8 Totals: 14,881 0.17 11 174,828 "B" 9,040 "C" 9,525 "D" 21,064 Lot 11 Totals: 39,629 0.23 Retail Totals: 673,842 138,176 0.21 H:\3121\04MORRESP\Floor Area Ratios.wpd 3E-3 - Noxious Weed Management and Revegetation Plan Referenced In: Part 1, Condition 20 FE ' August 17, 1993 Gagatin�.our�t Weed ControI District Bob Lee Morrison Maierle, Inc. P.O. Box 1113 Bozeman, MT 59771 Dear Bob: Attached is the Noxious Weed Management and Revegetation Plan for the Bridger Peaks Town Center Subdivision and preliminary plat approval. Please have the document reviewed and signed by the developer if the Weed Plan • meets his approval. Return the signed Weed Plan to our office for the Weed Board Chairman's/ Supervisor's signature. Also attached are the Requirements for Disturbed Areas for the developer's review and records. Sincerely, Dennis Hengel, Supervisor Gallatin County Weed District • 901 N. Black Bozeman, MT 59715 (406)582-3265 SUBDIVISION NOXIOUS NEED MANAGEMENT AND REVEGETATIONi PLAN (PRELIMINARY PLAT APPROVAL) • Before construction/disturbance begins, please complete and submit a copy of the Noxious Weed Management and Revegetation Plan to the Gallatin County Weed Control Office for review by the Board. This plan may require revision to meet the requirements of the Noxious Weed Management Plan of the District, and the Montana County Noxious Weed Control Act. Upon approval by the Board, this plan must be signed by the chairman of the Board and the person or agency responsible for the disturbance and constitutes a binding agreement between the Board and such person or agency. A.) GENERAL INi TFOR .IATION 760-436-0463 or 1.) Name of Cooperator: Grant Creek Partners C/O Dave Hutchinson C/O MMI 587-0721 (Print Full Name and/or Name of Company) (Telephone) 248A, North Higgins Ave. , Missoula MT 59802 40(Address) (City) (State) (Zip) 2.) Geographic Location to be Covered by this Plan: Legal Description: NW 1/4, 1/4, Sec. 1 , T. 2 S, R.---`'— W If applicablle include the name and address of the Subdivision/Gravel pit/etc: Bridger Peaks Town Center PUD, COS 1215A, Tracts 4A and 4B 3.) Land Use (Please check the appropriate box(s)): (a) Previous or Historical Land Use Agriculture [X] Residential [ ] Commercial [ ] Pasture non-crop [ ] Other [ ] Please explainProperty previously in small ornirn nrodnrrinn and farmed for bay (b) Future Land.Use Agriculture [ ] Residential [ ] Commercial [X] Pasture non-crop [ ] Other [ ] Please explain Commercial PUD Subdivision. 4.) Is a Map of the Area or a Copy of the Subdivision Plat Attached? Des No 5.) Has the Cooperator been informed o he District's Noxious Weed Management and Revegetation for Disturbed Areas? Ye No ,pRequirements Has the Cooperator been informed of the Noxious Need Management Plan of the District? 'es No 7.) Has the Cooperator been informed of the relevant sections'of the Montana County Noxious Weed Control Act? Yes No B.) NOXIOUS NEED 1\1ANAGETMA PLAN • 1.) Are noxious weeds present on the property? Yes No If yes, list which species and the approximate ,ize of infestation(s) Inspected property on 25 August 1998. Noted hgh density infestation Canada thistle on south boundary of property adjacent to Oak Street. oted low density infestation of Canada thistle on west edge of property adjacent to North 1.9th. West half of property consists of alfalfa-grass hay field. East balf o of properry roncicrc of fnllnm small grain field (this nnrrinn of nropprry no longer being farmed for small grain produrrinn) _ Fact half of property contains high density, infestations nf Canada rhicrle and Prirkley lerrure. Dennis R. Henael (Cnleruisnr, C;allarin Cn_ Weed nisrrirrl . (Gallatin County noxious weeds are listed in section III of the Noxious Weed Management and Revegetation Requirements) 2.) Briefly explain the noxious weed control method(s) to be used on noxious weeds already existing on the property or that may arise during construction/development/disturbance of the property. Note: If noxious weeds already exist on the property, please outline these infestations on a map of the area or the subdivision plat Recommend either spot treatment with herbicide or mowing of Canada thisle. and Prickley lettuce until property is fully developed. 3.) Please complete the appropriate section(s) corresponding to the noxious weed management methods mentioned above. 40 Chemical Control: "Chemical Name Curtail , Rate 2 qts/acre *Chemical Name , Rate *Timinc, and method of treatment(s): Apply herbicide ir_ spring of year when weeds are young and actively growing, Do not apply herbicide on those areas where sod/lawns/ trees, grass, etc. are to be established. *Soil Type: Ground Water Depth: * Weed control work done by self [ ] or contracted [ ] Name of contractor (b) Cultural/Mechanical Control: *Method of weed control Mow *Method of weed control *Timing of control method(s) Mow Canada thistle. and Pr.ickley lettuce prior to bud development (up to 3-4 times per growing season) to prevent seed dispersal. *Weed control work done by self [ ] or contracted [ ] Name of contractor (c) Biological Control: "Biological control agents) Not applicable *Biological control agents) *Timin- of the release(s) of the Bio-control agents .*Weed control method(s) used to control weed spread while insects establish *Weed control work done by self [ ] or contracted [ ] Name of contractor C.) REVEGETATION PLAN FOOISTURBED AREAS 1.) Are there land(s) already disturbed or that Nvill be disturbed on the property Yes No If yes, explain Fasr half of property consists of fallow small grain field with high density infestations of Canada thistle and Prickle.v lettuce. 2.) If the answer was (Yes) to question 1 above, what method(s) «•ill be used to accomplish revegetation of the disturbed areas (seeding, planting, sod, etc) Recommend seeding to a. drvland pasture grass mix that portion of the fallow small grain field that will. not be. fully developed by April 15, 1999. Establishment of grasses will. help prevent establishment of noxious and undeseriabl.e weeds. 3.) If applicable list the type and amount of seed/sod to be used for revegetation: Type Dr.yland pasture grasses Rate Type , Rate Type , Rate Type , Rate Type , Rate If applicable list the type and amount of fertilizer to be used: Type Optional , Rate Type , Rate Type , Rate 5.) Timing of revegetation practices: Approximate cultivation date(s) Not applicable Approximate seeding/sod date(s) Prior to May 15 rh 1999. Approximate fertilizer date(s) optional NOTE: For revegetation recommendations contact the Gallatin County Conservation District (Natural Resource Conservation Service). D.) APPROVAL OF NOXIOUS NVEED MA_NAGE.fENT AND REVEGETATION PLAN APPROVED [ ] APPROVED WITH RECOMMENDATIO N T PPROVED [ ] ignature of Weed Board Chairman/Supervisor) (Signature of Cooperator) (Date) (Date) I PART 4: i i i • Design Guidelines i DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS BRIDGER PEAKS TOWN CENTER BOZEMAN, MONTANA MARCH 16, 1999 0 DECLARATION OF �> CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS BRIDGER PEAKS TOWN CENTER, BOZEMAN, MONTANA TABLE OF CONTENTS Page RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.01 Assessment Lien . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.02 Benefited Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.03 Building Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.04 Burdened Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.05 Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.06 Common Area Maintenance Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.07 Common Area Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.08 Default Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.09 Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.09 Developer Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Environmental Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Floor Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.13 Grantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.14 Grantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.15 Hazardous Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.16 Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.17 Mortgage and Mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.18 Occupant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.19 Outside Sales Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.20 Parcel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.21 Parcel Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.22 Parcel Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.23 Parking Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... . . . . . 7 1.24 Permittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.25 Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1.26 Plot Plan . . . . . . . . . 8 1.27 Project Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1.28 Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i • 1.29 Rules and Regulations : : : : : : : : : : : : : : : : : : : . . : : : : : : : : : : : : : : : : : : 8 1.30 Separate Agreement 8 1.31 Shopping Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1.32 Store or Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE II CONSTRUCTION OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.01 Construction of Common Area Improvements . . . . . . . . . . . . . . . . . . . 9 2.02 Construction of Developer Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.03 Common Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.04 Construction of Other Stores . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.05 General Construction Requirements . . . . . . . . . . . . ... . . . . . . . . . . . . 10 2.06 Construction Along Common Boundary Line . . . . . . . . . . . . . . . . . . .. 11 2.07 Mechanic's or Construction Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2.08 Undeveloped Building Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE III SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3.01 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3.02 Monument Signs . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE IV EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.01 Ingress, Egress and Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.02 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4.03 Construction, Maintenance, and Reconstruction . . . . . . . . . . . . . . . . 16. • 4.04 Surface Drainage Easement 17 4.05 Public Access Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.06 Restriction on Grant of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4.07 Term and Limitation of Easements, Covenants and Conditions . . . . 18 4.08 Benefit and Burden to Run with the Land . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE V SHOPPING CENTER DEVELOPMENT RESTRICTIONS . . . . . . . . . . . 19 5.01 General Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5.02 Parking Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5.03 Obstructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 20 5.04 Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 21 ARTICLE VI USE RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6.01 Use in General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6.02 Generally Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6.03 Noninterference With Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6.04 Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6.05 Deliveries and Exterior Maintenance Work . . . . . . . . . . . . . . . . . . . . . 23 6.06 Additional Use Restrictions and Requirements . . . . . . . . . . . . . . . . . . 23 ARTICLE VII MAINTENANCE AND REPAIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 • ii • 7.01 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . .7.02 Common Area Maintenance Obligation 24 7.03 Common Area Maintenance Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7.0.4 Payment of Common Area Maintenance Costs . . . . . . . . . . . . . . . . . . 28 7.05 Building Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7.06 After-Hours Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE VIII DAMAGE TO IMPROVEMENTS . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . 31 8.01 Restoration of Common Area . . . . . . . . . . . . . . . . . . . . . . : .. . . . . . . . . 31 8.02 Restoration of Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 8.03 Clearing of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE IX EMINENT DOMAIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 9.01 Eminent Domain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE X TAXES AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 i 10.01 Realty Taxes and Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 10.02 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 10.03 Casualty Insurance and Restoration . . . . . . . . . . . . . . . . . . . . . . . . . 33 10.04 Parcel Owners' Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 10.05 Blanket Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 10.06 Release and Waiver of Subrogation . . . . . . . . . . . . . . . . . . . . . . . . . . 35 • ARTICLE.XI ENVIRONMENTAL MATTERS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 11.01 Duties of Parcel Owners 36 11.02 Specific Construction Materials . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 36 11.03 Permitted Use, Storage, Handling, and Disposal of Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE XII LIENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 12.01 Assessment Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . .I . . . . . 37 12.02 Assessments as Personal Obligations . . . . . . . . . . . . . . . . . . . . . . . . 37 12.03 Superiority of Assessment Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 12.04 Release of Assessment Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 12.05 Litigation of Assessment Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 ARTICLE XIII RESALE RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 13.01 Right of First Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 13.02 Negotiations Before Marketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 13.03 Notice of Intent to Sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 13.04 Transfers Exempt From Right of First Refusal . . . . . . . . . . . . . . . . . 40 13.05 Effect of Failure to Comply With This Article . . . . . . . . . . . . . . . . . . . 40 ARTICLE XIV MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 • iii 14.01 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14.02 Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14.03 Breach Shall Not Permit Termination . . . . . . . . . . . . . . . . . . . . . . . . . 41 14.04 Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14.05 Breach - Effect on Mortgagee and Right to Cure . . . . . . . . . . . . . . . . 41 14.06 Effect on Third Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14.07 No Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14.08 Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14.09 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 14.10 Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 14.11 Terminology: Captions . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 43 14.12 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 14.13 Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 14.14 Estoppel Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 14.15 Not a Public Dedication . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 43 14.16 Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 14.17 Time of Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 14.18 Excuse for Nonperformance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 ' 14.19 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 14.20 Waiver of Default . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 14.21 Common Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 14.22 Rights of the City of Bozeman . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 45 • O F GRA NT CREEK PARTNERS SIGNATURE EXHIBITS EXHIBIT"A" Legal Description of Property EXHIBIT"B" Parcel Map EXHIBIT"C" Plot Plan EXHIBIT"D" Building Elevations EXHIBIT"E" Design Guidelines EXHIBIT"F" Sign Criteria EXHIBIT"G" Rules and Regulations HA3121\040\C0RRESP\DecT0C.wpd iv DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS BRIDGER PEAKS TOWN CENTER, BOZEMAN, MONTANA THIS DECLARATIONOF CONSTRUCTIONAND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS (the "Declaration") is made on , 1999, by BRIDGER PEAKS, LLC, a Delaware limited liability company (referred to in this Declaration as "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 Bozeman ("City"), County of Gallatin ("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 recognitionthatforthe 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 1 • 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 Plot 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 or groups of Stores within their respective Building Areas are depicted on the Plot Plan; however, the precise configuration of the Stores or groups of 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 Plot 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 Plot 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 forvertical improvements orfor 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. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 2 • • • 1.06 Common Area Maintenance Costs. "Common Area Maintenance Costs" are all expenditures, costs, premiums and expenses incurred by or on behalf of 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 Plot 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, under or serving the Shopping Center. 1.08 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. 1.09 Developer. "Developer" means the Lots 2, 8 and 11 Parcel Owner. The initial Developer will be Bridger Peaks, LLC,,a Delaware limited liability company ("Initial Developer"). In the event Initial Developer divides ownership of said Lots 2; 8 and 11, the • Parcel Owners with respect to Lots 2, 8 and 11 shall designate which of said Parcel Owners shall retain the rights and obligations of Developer under this Declaration. Such designation must be in writing and served upon the other Parcel Owners (including Safeway) at the time ownership in Lots 2, 8 and 11 is divided. In the absence of such written designation, the acts of the Parcel Owner who was the Developer prior to such transfer shall be binding upon all other Parcel Owners having an interest in such Parcels until such time as written notice of such designation is given. 1.10 Developer Stores. "Developer Stores" are the Stores which may be constructed by Developer in the Shopping Center. 1.11 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 LiabilityAct,the Superfund Amendment and Reauthorization Act of 1986, the Resource Conservation and Recovery Act,the Hazardous Materials Transportation Act,the Clean WaterAct,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. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 3 • 1.12 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 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 of the following: (a) the upper levels of any multi-deckstock areas created for convenience to increase the usability of space for stock purposes or any mezzanine and any interior second story not open to customers and incidental to ground floor retail operations; (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 • dock areas and ramps and any "drive-thru" areas; (d) all Common Areas; (e) OutdoorSales Area,to the extent approved by Developer or otherwise permitted hereunder; and (f) 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 4 • • 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. 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. 1.13 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. 1.14 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. 1.15 Hazardous Material. "Hazardous Material" shall mean materials and substances defined as"hazardous substances,""hazardous materials,""hazardouswaste," "toxic substances,"including asbestos,polychlorinated biphenyls, petroleum(or petroleum fuel products), hydrocarbonic substances,and constituentsof any of the foregoing,orother 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 1.16 Lot. See Section 1.20 below. 1.17 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 5 • 1.18 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. 1.19 Outside Sales Area. Any area used by an Occupant for temporary or permanent sales, display, customer service or seating and/or storage purposes, including but not limited to patio areas, which areas are located outside of the structure of that Occupant's building. Outside Sales Areas are subject to Developer's approval. 1.20 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. 1.21 Parcel Map. "Parcel Map"is the map of the Property which created the initial Parcels as legal lots, a copy of which is attached to this Declaration as Exhibit, B. 1.22 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 whic'n 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)lf 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 6 • 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 of such Parcel Owner shall otherwise vest in accordance with the other provisions of this section; and (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(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. 1.23 Parking Areas. "Parking Areas"are all vehicular parking spaces, driveways, and loading areas, and includes the areas shown as"Parking Areas" on the Plot Plan plus any Building Area not used for Store improvements and designated as Parking Area by Developer. 1.24 Permittees. "Permittees" shall mean the Parcel Owners and all Occupants and their respective officers, members, 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 7 • 1.25 Person. "Person" or "Persons" is any individuals., partnerships, firms, associations, joint ventures, corporations, limited liability company, or any other form of entity. 1.26 Plot Plan. "Plot Plan" is the Plot Plan attached to this Declaration as Exhibit "C" and incorporated by this reference, as it may be amended from time to time by Developer. 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 Fehlman-Labarre, 452 Eighth Ave. Suite A, San Diego, CA 92101. 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 Separate Agreement. "Separate Agreement" means each separate agreement, lease or other agreement, and any future amendments to any Separate Agreement, entered into simultaneously herewith or hereinafter entered into by Developer and any Parcel Owner, whereby Developer and such Parcel Owner have set forth certain agreements between Developer and such Parcel Owner not set forth herein. 1.31 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." 1.32 Store or Stores. "Store or Stores" is any building located in an area of the Shopping Center designated on the Plot Plan as Building Area. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 8 • 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 identified as the "Minimum Common Area Improvements" substantially as shown on the Plot Plan. 2.02 Construction of Developer Stores. All Stores, when developed, shall be constructed substantially as shown on the Plot Plan and the elevations attached to this Declaration hereto as Exhibits "C" and "D" in conformance with the Design Guidelines attached hereto as Exhibit E. 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 (15'), 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 plans for the work as provided in this Declaration, and in conformance with the Design Guidelines attached as Exhibit "E" and the "Conditions of Approval" given to the overall project. 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 orwarranty 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. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 9 • 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 Plot Plan for those Stores and if a maximum floor area designation for any building is shown on the Plot 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 interferewith 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. (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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 10 0 • • 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 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. 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, liabilities, suits, penalties, claims, and BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 11 • 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 othersums of money(including reasonable attorneys'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 Plot 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 rough graded, 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. 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. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 12 ARTICLE III SIGNS 3.01 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, (ii) the Shopping Center sign criteria attached to this Declaration as Exhibit "F" (the "Sign Criteria"), and/or (iii) at the discretion or judgment of the Developer or the Project Architect. -3.02 Monument Signs Developer has obtained approval from the applicable governmental authorities with respect to the construction and operation of up to two (2)freestanding monument signs ("Monument Signs")depicted on the Sign Criteria in the permitted three (3) alternate locations set forth on the Plot Plan. The design, size and location of such signs shall be as set forth in the Sign Criteria. Each Parcel Owner whose signs appear on Monument Signs shall be responsible for its prorata share of the cost of designing, constructing, installing, maintaining and repairing • such Monument Signs; provided, however, each Parcel Owner shall be solely responsible for all costs associated with the installation and maintenance of its respective identification panel(s) on such Monument Signs. As used in this Section 3.2, each Parcel Owners'prorata share of such costs relating to the design, construction, installation, maintenance and repair of such Monument Signs shall equal a fraction, the numerator of which is the permitted square footage of such Parcel Owner's sign panel(s) on such Monument Signs and the denominator of which is the total square footage of sign panels on such Monument Signs; provided, however, the sign panels or area of such Monument Signs identifying the name of the Shopping Center shall be excluded from such calculation. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 13 • ARTICLE IV EASEMENTS 4.01 Ingress, Egress and Parking. I (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 by Permittees from publicstreets at the location of the curb cuts shown on the Plot 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) conveniencefacilities(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, berms or planters; (iv) limited curbing and other forms of traffic controls; or (v) Outside Sales Areas permitted by Developer pursuantto 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 14 • . • 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 any time and from time to time to exclude and 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 existing power lines located along or adjacent to North 191h Avenue and 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 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 15 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 largerthan whatever is necessary to reasonably satisfy the utility company for a public utility, or five feet (5) 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; (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 Grantor'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. 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 16 • 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 (5') 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 opportunityto 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 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 Public Access Easements. The Design Guidelines require that the public be granted access to, and use of, certain portions of the Common Areas of the Shopping Center. Such areas include the trail corridors along North 191h Avenue and Oak Street as such areas are more particularly identified on the Plot Plan as the "Public Access Areas." BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 17 • Developer and Safeway hereby reserve to themselves and grant to the nonexclusive pedestrian access, ingress, egress and passage by the public over the Public Access Areas. 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 Public Access Area on its Parcel. Such easement right shall exist in perpetuity but the public's right to use and enjoy such Public Access Areas shall be subject to a reasonable, nondiscriminatory rules and regulations established by Developer from time to time. 4.06 Restriction on Grant of Easements. Except as provided in Section 4.05 above, no Parcel Owner shall grant any easements or similar rights or privileges over any land within the Shopping Center for the benefit of any Person not a Parcel Owner or Occupant nor any land outside the Shopping Center; provided, however, that this section shall not prohibit the granting or dedicating of (i) utility easements by a Parcel Owner on its Parcel to governmental or quasi-governmental authorities or to public utilities and (ii) a cross-access easement for vehicular and pedestrian access, ingress and egress with the owner of the Adjacent Parcels in a form acceptable to Developer and Safeway. 4.07 Term and Limitation of Easements. 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. • 4.08 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. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 18 • 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 Plot 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 the City, and (iii) do not exceed the maximum square footages or the maximum height permitted as designated on the Plot Plan and/or set forth in this Declaration (see Section 5.04) and the Design Guidelines (see Exhibit "E"). (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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 19 • (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 Plot 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 5.02(a) below. (e) At such time as Developer requests, each Parcel Owner shall execute an amendment to this Declaration to replace the Plot Plan with an "as-built" Plot Plan (the "Amended Plot 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 Plot Plan, at such time as Developer requests, each Occupant shall execute a subordination to an Amended Plot Plan. • 5.02 Parking Standards. (a) 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 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. All such rules and regulations shall be applied in a nondiscriminatory manner. (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 "F"). 5.03 Obstructions. Except as specifically depicted on the Plot Plan or as may be approved in writing by the Developer, no fence, division, partition, rail, or obstruction of BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 20 • 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 Grading. Any regrading of a Parcel shall require the prior written approval of Developer, which approval shall not be unreasonably withheld or delayed. • • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 21 • 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, 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 smell that is offensive or objectionable due to its nature or intensity. • (d) 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. (e) Any fire, explosion, or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks. (f) Any assembly, manufacture, distillation, refining, smelting, agriculture, or mining operations. (g) Any mobile home or trailer court, labor camp,junkyard, stock yard, or animal raising. Notwithstanding the foregoing, pet shops shall be permitted within the Shopping Center. (h) Any'drilling for and/or removal of subsurface substances. (i) Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for that purpose. (j) 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. (k) Any flea market, swap meet, "second hand" store or "surplus" store. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 22 • (1) Any store in which a substantial portion of the inventory consists of pornography, sexual products, and similar"adult" goods, publications, movies, or videos. 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 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 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. 6.05 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. 6.06 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 23 • 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 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 Grantorwhich 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) 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 24 s • • by such companies are competitive with those of other companies furnishing similar services in the Bozeman, Montana area. (b) 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 Bozeman, Montana area and in any event in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances, City and County Noxious Weed Management Plan, 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, filth, • 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 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 requirement as may be imposed by the City to maintain greenway corridors, lined parkways,.and other Public Access Areas 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 25 • 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. The maintenance, cleaning, and repair of the common storm drainage system (consisting of storm drain pipes, culverts, manholes, inlets, ditches, retention basins, detention basins and appurtenances) shall be integrated as part of the regular duties of Developer or such other maintenance personnel responsible for normal grounds keeping. Ditches and detention ponds shall be mowed on a regular basis during the growing season to remain free of vegetation that might reduce their conveyance or storage capacity. To ensure that debris and seasonal ice does not impede system operation, the storm drain system shall be inspected routinely after each major storm event, during each major snowmelt event, and on a continued monthly basis throughout the year. In addition to the routine inspections, annual inspections shall be performed to review documentation on the routine inspections and assess the overall condition and performance of the system. The annual inspections shall document levels of sediment accumulation, • damage and its probable cause (e.g., erosion, weather, vandalism, etc.)., and shall make recommendations on any needed repairs or modifications. All documentation of inspections shall be recorded and kept on file for future verification by regulatory agencies. (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. (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 Common Area, if reasonably required. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 26 • (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. 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 proportional to 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 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; BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 27 • (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; (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. 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 28 • 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 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 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 29 • (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 Ownerwill 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 overthem, 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 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 30 0 • 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 priorto 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. (b) All restoration and reconstruction work shall be performed in a good and workmanlike manner and shall conform to and comply with: (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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 31 • ARTICLE IX EMINENT DOMAIN 9.01 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). • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 32 • 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 10.04. • 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 33 . 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. (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. 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. 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 commercial general 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 liability policy with respect to the Common Area and each Parcel Owner's liability policy with respect to the Stores on its Parcel shall also include a commercially reasonable contractual liability endorsement. 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 34 0 0 • 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 10.06. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 35 • 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, 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, 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 36 • 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 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: BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 37 0 • • (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 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 ten (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 Gallatin 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. BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 38 • ARTICLE XIII RESALE RESTRICTIONS 13.01 Right of First Refusal. The Developer will have a right of first refusal, on the terms and conditions set forth in this article, with respect to each Parcel i.n the Shopping Center. The right of first refusal will be binding on all Parcels and all Parcel Owners throughout the term of this Declaration. 13.02 Negotiations Before Marketing. If a Parcel Owner wishes to attempt to sell its Parcel, then before attempting to market the Parcel or solicit offers to purchase the Parcel, the Parcel Owner will inform the Developer in writing of the Parcel Owner's intent to sell the Parcel, and will then enter into good faith negotiations for sale of the Parcel to the Developer on mutually acceptable terms and conditions. If despite such good faith negotiations the Parcel Owner and the Developer cannot reach a mutually acceptable agreement under which the Parcel Owner will sell the Parcel to the Developer, then the Parcel Owner may attempt to market the Parcel to third parties, subject to the requirements of this article. 13.03 Notice of Intent to Sell. No Parcel Owner will have the right to sell or otherwise transfer its Parcel to any person other than the Developer unless and until the Parcel Owner has complied with the following requirements: • (i) If the Parcel Owner enters into a good faith, bonafide contract to sell or otherwise transfer its Parcel to a person other than the Developer, then the Parcel Owner must promptly deliver a complete copy of the sale contract, or a complete summary of the terms of any oral sale contract,to the Developer, together with a written notice advising the Developer that unless the Developer exercises the right of first refusal granted by this agreement within ten business days, then the Parcel Owner intends to sell or transfer the Parcel to the third party in accordance with the terms of the sale contract attached to the notice. The written notice described in this paragraph is referred to in this article as a "Notice of Intent to Sell." (ii) Upon receipt of a Notice of Intent to Sell and a copy of a sale contract, the Developer will have a period of ten business days in which to advise the Parcel Owner in writing that the Developer intends to purchase the Parcel from the Parcel Owner on terms and conditions identical to those set forth in the sale contract attached to the Notice of Intent to Sell. (iii) If within ten business days after receipt of a Notice of Intent to Sell, the Developer delivers a written notice to the Parcel Owner stating that the Developer has elected to purchase the Parcel on the terms and conditions set forth in the sale contract attached to the Notice of Intent to Sell, then the Parcel Owner will transfer • good and marketable title to the Parcel to the Developer on those terms and conditions. (iv) If the Parcel Owner does not receive a written notice stating that the Developer has elected to purchase the Parcel within ten business days after the BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 39 . Developer receives a Notice of Intent to Sell, or the Developer notifies the Parcel Owner in writing that the Developer has decided not to exercise the right of first refusal provided for in this article, or the Developer fails to purchase the Parcel on the terms and conditions set forth in the sale contract attached to the Notice of Intent to Sell, then the Parcel Owner may sell the Parcel to the third party on the terms and conditions set forth in the sale contract attached to the Notice of Intent to Sell. 13.04 Transfers Exempt From Right of First Refusal (a) The Parcel Ownerwill not be required to comply with the requirements of this article, and the Developer will not have the right to exercise the remedies provided for in this article, in the following situations: (i) Transfers involving only the Parcel Owner. If the Parcel Owner consists of two or more individuals and/or entities, and any of those individuals or entities sells that party's interest in the Parcel to one or more of the other individuals and/or entities which comprise the Parcel Owner. (ii) Death. If the Parcel Owner is an individual, and the Parcel is transferred upon the death of the Parcel Owner to a third party by action of law or through probate proceedings. (iii) Divorce. If the Parcel Owner's interest in the Parcel is transferred to the Parcel Owner's spouse in the course of divorce proceedings. (iv) Foreclosure. The Parcel is transferred to a third party by foreclosure proceedings, by trustee's sale or other non-judicial foreclosure proceedings, by forfeiture of the Parcel Owner's rights under a contract for deed, or by deed in lieu of foreclosure. (v) Execution of judgment. The Parcel is transferred to a third party at sheriffs sale in connection with the execution of a judgment which has attached to the Parcel. (vi) Bankruptcy. The Parcel is transferred to a third party in connection with bankruptcy proceedings involving the Parcel Owner. (vii) Gifts. The Parcel, or any interest in the Parcel, is transferred to a third party without consideration, or for less than full consideration, as a gift. 13.05 Effect of Failure to Comply With This Article. If a Parcel or any interest in a Parcel is transferred to any person without satisfying the requirements of this article, or on terms other than those set forth in a Notice of Intent to Sell, then the Developer will be entitled to purchase the Parcel from the transferee at any time within two years after the Developer receives actual knowledge of the transfer or the violation of the requirements of this article for the amount that the transferee paid for the Parcel. The Developer will not waive its rights under this article, or be estopped from exercising its rights under this article, as a result of any delay in exercising those rights after a transfer which violates this article. • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 40 • ARTICLE XIV MISCELLANEOUS 14.01 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: Bridger Peaks, LLC c/o Colliers StepStone 610 West Ash Street, Suite 1400 San Diego, California 92101 Attention: 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 datethe 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. 14.02 Binding Effect. All of the limitations,covenants, conditions,easements,and restrictions contained in this Declaration 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 contained in it shall be enforceable as equitable servitudes in favor of all or any portion of the Parcels. 14.03 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. 14.04 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 amounts 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. • 14.05 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 BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 41 • Shopping Center who acquires title by foreclosure, by 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 under this Declaration, though otherwise subject to the provisions of this Declaration. Notwithstanding any other provision in this Declaration for notices of default, the Mortgagee of any Parcel Owner in default.under this Declaration shall be entitled to notice of the default, in the same manner that other notices are required to be given under this Declaration; provided, however, that the Mortgagee shall have, prior to the time of the default, notified the Parcel Owner giving the notice of default of the Mortgagee's interest and mailing address. If any notice is given of the default of a Parcel Owner and the defaulting Parcel Owner has failed to cure or commence to cure that default as provided in this Declaration, then the Parcel Owner giving the notice of default covenants to give the Mortgagee (which has previously given the notice described above to the 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 the default and the Mortgagee shall have thirty (30) days after the additional notice to cure the default, or, if the 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 after the notice of default. The giving of any notice of default or the failure to deliver a copy of the notice to any Mortgagee will not create any liability on the part of the Parcel Owner which declares a default. • 14.06 Effect on Third Parties. Except for Section 13.05 which is for the benefit of Mortgagees,the rights, privileges, or immunities conferred under this Declaration are for the benefit of the Parcel Owners and not for any third party. 14.07 No Partnership. Neither this Declaration nor any acts of the Parcel Owners shall be deemed or construed by the parties to this Declaration, 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. 14.08 Modification. No modification, waiver, amendment, discharge, or change of this Declaration shall be valid unless it is in writing and signed by all of the Parcel Owners. Consent to a change or alteration of this Declaration requested with respect to a specific Parcel in order to facilitate the business being pursued by the Occupant of that Parcel shall not be unreasonably withheld by any Parcel Owner or other person or entity whose consent or approval or the change or alteration is required by this Declaration, unless the change or alteration would have a material adverse affect on the Parcel Owner or other person or entity. If a request to change or alter this Declaration is made by any "institutional lender," as defined in this section, proposing to extend credit to be secured by a first trust indenture, 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 that lender under this Declaration and/or(ii)otherwise better secure to the lender its ability to protect its security, • consent to the changes or alteration of this Declaration shall not be unreasonably withheld by any Parcel Owner or other person or entity whose consent or approval of the changes or alteration is required by this Declaration. The term "institutional lender," as used in this section, shall be deemed to mean any bank, savings or building and loan association,trust, BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 42 • or other similar institutional type of lender(including loan service correspondent companies designated by any such lender). 14.09 Severability. If any term, covenant, condition, provision, or agreement contained in this Declaration is held to be invalid, void, or otherwise unenforceable, by any court of competent jurisdiction; the holding shall in no way affect the validity of enforceability of any other term, covenant, condition, provision, or agreement contained in this Declaration. 14.10 Governing Law. This Declaration and the obligations of the Parcel Owners underthis Declaration shall be interpreted, construed, and enforced in accordance with the laws of the State of Montana. 14.11 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 in this Declaration 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 of this Declaration. 14.12 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: 14.13 Consent. In any instance in which any Parcel Owner shall be requested to consent to or approve of any matter with respect to which consent or approval is required by any of the provisions of this Declaration, the consent or approval or disapproval shall be given in writing. 14.14 Estoppel Certificate. Each Parcel Owner severally covenants that upon written request of any other Parcel Owner it will issue to the other Parcel Owner or to any prospective Mortgagee or purchaser of the other 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 of those defaults; (b)whether to its knowledge this Declaration has been assigned, modified, or amended in any way (and if it has, then stating the nature of the modifications or amendments); and (c) whether to the Parcel Owner's knowledge this Declaration as of that date is in full force and effect. 14.15 Not a Public Dedication. Nothing contained in this Declaration 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 expressed • in this Declaration. 14.16 Release. If a Parcel Owner sells, transfers, or assigns its entire Parcel or its interest in its Parcel, it shall, except as provided in this Declaration, be released from its BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 43 i • • unaccrued obligations under this Declaration from and after the date of the 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 under this Declaration that the following conditions are satisfied: (a) the Grantor or assignor shall give notice to the other Parcel Owner(s) of the sale, transfer, conveyance, or assignment prior to the filing for record of the instrument effecting the same, (b) the Grantor or assignor shall pay all monetary sums then owed under the terms of this Declaration, and (c) the transferee shall execute 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 under this Declaration and agree to be bound by this Declaration and perform all obligations under this Declaration in accordance with the provisions of this Declaration. Failure to deliver this written statement shall not affect the running of any covenants contained in this Declaration with the land, however, it shall constitute a default by the transferee. Anything in this section to the contrary notwithstanding, it is expressly understood and agreed that no sale, transfer, or assignment or written acknowledgment by the Transferee of its obligations under this Declaration shall effectuate a release of its Transferor with respect to obligations which accrued prior to the transfer. 14.17 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 14.18 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 of this Declaration (unless the payment is conditioned upon performance of any obligation or undertaking excused by this Section), if and so long as the performance of the 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 supplies in the ordinary course on the open market, failure of normal transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental agencies, inability to obtain 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 the Parcel Owner, other than the lack of or inability to obtain funds (collectively, "Force Majeure Delays"). 14.19 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 its recordation date and will automatically be renewed for successive ten (10) year periods unless the Parcel Owners owning two-thirds or more of the land comprising the Shopping Center elect in writing not to so renew. 14.20 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 the default if the default continues or is repeated. No express written waiver of any default BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 44 • shall affect any default or cover any period of time other than the default and period of time specified in the 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. 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 Parcel Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one right or remedy by any Parcel Owner shall not impair the Parcel Owner's standing to exercise any other right or remedy. 14.21 Common Ownership. The ownership of all Parcels in the Shopping Center by the same Person shall not result in the termination of this Declaration. 14.22 Rights of the City of Bozeman. Notwithstanding anything to the contrary contained herein, the City of Bozeman ("City") shall be deemed to be a third-party beneficiary of the following provisions of this Declaration: 3.01 (Signs), Article IV • (Easements), 7.02 (Common Area Maintenance Obligation), and the matters set forth in the last two sentences of this Section 14.22 ("City Provisions"). Any revocation or amendment, supplement or modification to the City Provisions shall require the prior written consent of the City. The City is hereby granted the right of immediate access to the Common Areas of the Shopping Center for the purpose of (i) preserving the public health, safety and welfare and (ii) collection of solid waste. Further, Developer, Safeway and each Parcel Owner herein after acquiring title to any Parcel within the Shopping Center hereby agrees that, as more particularly provided in Section 2.04 above, all buildings in the Shopping Center (and any subsequent additions, alterations, exterior remodeling or reconstruction of buildings in the Shopping Center) shall be in conformance with the Design Guidelines. Further, the Plot Plan shall not be modified in any respect without the approval of the City. • j BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 45 I • EXECUTED as of , 199 . "Developer" BRIDGER PEAKS, LLC. a Delaware limited liability company By: H&S Financial Corporation, a California corporation its managing member i By: Harold D. McNee, Jr. President STATE OF ) ) ss. COUNTY OF ) • On , 19_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State • BRIDGER PEAKS TOWN CENTER DECLARATION OF COVENANTS, PAGE 46 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Refer to "Exhibit B" for legal description of property. i • DECLARATION OF COVENANTS, EXHIBIT A, LEGAL DESCRIPTION, PAGE 1 • EXHIBIT "B" PARCEL MAP Refer to Final Plat in Submittal Package, Part 5 - Drawings. i I • • DECLARATION OF COVENANTS, EXHIBIT B, PARCEL MAP, PAGE 2 • EXHIBIT "C" PLOT PLAN Refer to Final Site Plan and Landscape Plan in Submittal Package, Part 5 - Drawings. • • DECLARATION OF COVENANTS, EXHIBIT C, PLOT PLAN, PAGE 3 • EXHIBIT "D" BUILDING ELEVATIONS I I i i DECLARATION OF COVENANTS, EXHIBIT D, BUILDING ELEVATIONS, PAGE 4 NEV qw 0 KEYNOTES EIFS FINISH OVER METAL STUDS � G F 2. BRICK VENEER MR SUBSTRATE A R C H I T E C T U R E 2 2 MR METAL STUDS PLANNING 3. SUSSTRCT OVER STONE VENEER OVER SUBSITUIE OVER METAL STUDS r _ 4. PRE-FINISHED PETAL ROOF-22 1/2' o nO I PASLLS W'fH WADE BATTENS 452 Eighth Avenue I I I I I I 5. PANEELSISHED WITH METAL ROOF-16 NARROW BATTENS I/4• S A Sc,;Ien Diego.G 91101 fi. Pa4iEO STI EL CANOPY WITH METAL Tel(619)LU-0789 ' -- ROOF-I6 1/4'PANELS WITH To.(619)234-8136 L D CD NOR N 9Y, l N. F G F Tf J 9M. I N 7YP. I G F G F E D L C D B 0 L F G L L NARROW BA, ENS.STAINED RESA'AN n P!YhU00 AT UNDERSIDE i 13 1 17 2 19 20 13 8 10 8 28 2 2 2 30 19 27 21 2 2 , 21 I6 22 1 21 21 1 13 2 2 20 17 14 Y ). C-L.9ANIC P,LE 7. A8.1 I 7. 7. I 7. I 8. THIN BRICK VENEER EXPANSION JOINT 9. ALUMINUM STORE.:RONT 110. EFS NI S HTY(FRIQE WftH J.)4'�� `= -zTs. � s + 18 __ __ 12. P9ECASTHSONNC�VRE7E WANSCOT VENEERJWITH UG DBLAST FINISH 3. PREF14ISHED METAL COPING PAINTED HM DOOR AND FRAME 7" 15. PANTED STEEL PLATE h RODS 16. PAINTED ROOF LADDER W17H PLN CHECK 11/24/98 RETAIL LOCKABLE GATE _ 17. L'NE OF ROOF OECX 4/2/99 1S. USE OF SOFFIT IH 19. THIMNEO flF5 3A40/WAINSCOT 29 2 B 12 17 25 5 26 JL7. 1179 1 2 2 12 26 21 23 25 26 16 29 6 6 20. PA1NiE6 ROIL-U?BOOR 7. 7. 7 21. EPOV ROOF VEVERANE 22. MECYANICAt UNIT TYP. © CORNER Q SIM. 9M. SM. TYP. T,P. 9M. 0 IMP. Q © © 9N. 23. ROO-STRUCTURE-SEE STRUCTURAL NORTH ELEVATION _ � BUILDING SECTION 25.VOA SPACE ABOVE CEILING 25. SEE CEILING CLANG SYSTEM- SEE CEWNC PUNS v6'-T-0' vIr-T-' 26.STEEL STUD WALL - 27. RESAW WOOD FRAMING/ G F BRAUNTS 2 2 28. PREFABRICATED ALUMINUM TOWER o 29.PAINTED TUBE STEEL FRAME T. I I I 3.ATTI AC DOOR 31. AiNTED GYPSUM BOARD E 3 2. RECAST CONCRETE LEDGE WITH C L G F L SIM. C L LIGHT SANDBLAST FINISH. KNISH NOTES: 1 I 17 13 I 2 2 2 i6 i 1 13 21 17 2 2 t3 t - 1 191 1 13 1.ALL EXPOSED STRUCT.WOOD MEMBERS _ I SHALL BE STAINED RE-SAWN GLU-LAN, 2.AL EXPOSED STRUCTURAL METAL CONNECTORS,PUit-S, h BOLTS SHALL I I 1 - ------_ - BE P.REFlNISHED BLACK.U.O.N. 2 G I , , „ COLOR LEGEND _ __ _______________ ___ _ L______________ _________-___________J A BENUAMIN MOORE}704 B. SINCLAIR CM 8542 C. ICI 20YY51/331 'CCNEFLOWER' 2 F 2 F D. ICI 90YY59/127'JUNIPER BERRY' E. MEDIUM BRONZE ANODIZED ALUMINUM V/a 2 G F. ENDICOTT FAVER BRCK'OESERf 'LF�+/JI w IRONSPOT' 12 J G. ENDICOTf THIN B.tC'K'NEOIUM}77' /) E. AM-1/4Y7 J 14 1 H. EENJPMIN MOORE}04049 �9 i4 19 27 �9 12 1. CULTURED STON--CARMEL ORYSTAC:K LEDG�� 2 O TYP WARM GREONKY CONCRETE A J. WARM GREY CONCROTE K. Ol YMPIC SEMI-TRANSPARENT STAIN w }916'ORIFTWOOD GREY L TC VATCH ADJACENT FINISH u EAST ELEVATION NORTH ELEVATION U.DALTILE OUARRY TILE COMPANY- T,. 3 NORTHWEST SERIES'GLACIER', F� tb••T-0' CLEAR GLAZE G F H B N. TO VATCH PRECAST CONCRETE ^ 0. CLEAR ANODIZED ALUMINUM lh�l 2 2 t t P. ICI 60YYB3/094-WHITE ROOM' ' 0. ICI 20YY69/238'STUCCO- O 4] 4 � � � R. ICI 9(YY35/tfi9'PACIFIC PINES' r NO SYMBOLS LEGEND W lFy m C 1 G M I ROOM NAVE ANO NUMBER l CORNERI 9M. N F G F L D TIP. TIP, .TYP. L BRICK TD I0F5 II I to A C L C C [A� lYp, L Q B Q O 13 2 1B 19 19 2 2 2 10 13 1 � 77 28 27 705 '1 11 10 13 1 ( IB I "A"E 7. 2 I TYRCAI 1 1 I 11 13 1 DOOR NUMBER Q 7 I I I WNCOx NUMBER O 0 1 -_ .,,Yi , ''�-1".d` "}r r ` KEYNOTE O 1� .fix ,.s .e �• � � �;�r•,ys� 5 A WALL,PPE 30 ��,,.,• �"'i € }. ,.� q .p, {$v {x-`n*1h •. .�v I I it , I I I I I f I I I I I 11;1 11 Iv i 11 7, ,� x ems.--�' •...-Les x� :. " �. INIERAR ELEVATIONS 9M. �•-t•�� ..y�,t �� -^` a":;•k•�,F�•�.,�'.ti,e �.:�.i`•, ;a'� 5. •r' }:. TE TEN TENANT� WANT � 6 H <0> _ -- ,- HMISECTIONS DETAILSa PRO.=No, 017 b 19 I ' SHUT TiilF FINISH 29 - 8 S -• 2 19 i I 5 7 12 2 9 26 18 7 24 OR 30 27 19 29 27 5 19 9 HOSE BIB LOCATION t�H.B. ELEVATIONS ELEVATIONS • I ;9 27 KEY PLAN AREAT TIP. TIP. SIN. QM. TIP. SRI. TYP. TYP. ©TIP. O TIP. IMP. M. SW. ORP. 2 SW. TYP. TIP. TIP. TIP. �E TIP. M. 2 r� s WEST ELEVATION ,� NORTH ELEVATION „ j 6MM No: I/9'-To' 2 ANC R T H I J Q KEYNOTES 0 I. EIFS FINISH OVER METAL STUDS 28 2. BRICK VENEER OVER SUBSTRATE ARCHITECTURE OVER METAL STUDS P LANN I N G 3. MANUFACTURED STONE VENEER OVER M. TYP. TYP. N L 0 A SUBSTRATE OVER METAL STUDS 15 30 21 4. PREFINISHED METAL ROOF-22 1/2' 77- 7. 19 13 i 4 N PANELS WTIH WIDE BATTENS 452 Eg1M A Im 5. PREFINISHED METAL ROOF-16 1/4- SuC.e A 19 PANELS WITH NARROW BATTENS Son Diego•CA 92101 6. PAINTEDROOF--16 1/4•GPPAONPY WffHMETAL Td(6I9)LH-0789 F F G N l C TT F.(6 19)234-11136 NARROIN fU ENS.5TA E0 Rt3AW�N l F G TYP. 7YP. 1 17 13 16 22 t �g7�2,y t t PLYWOOD AT UNDERSIDE 21 17 2 2 27 18 2 2 12 2 I 19 I 13 21 Y J. CERAMIC nlf a. THIN I 17. I 7. 9. ALUMIN�UY STOREFROK VENEER NT JOINT = ®'I= .. _s -'- __ --_� t •� �� '.. -_. � __________________ __________ __ ________________ - � 23 A 4 C 10.TENANT 1 OW SIGNAGE WITH A � 27 K OECD +may.� C-II' EIFS FlN6H ,� SNP �L 12. PRECAST CONCRETE WAINSCOT VENEER WITH LIGHT SANDBLAST FINISH U"jJ 13. PREFINISHED METAL COPING •,O�i t9 N 14. PAINTED HIM DOOR AND FRAME FLIT i I _ 15. PLANTED STEEL PLATE h RODS 1 f.y n RETAIL I 7_ TIP. I6. LOCKABLEOF LADDER WITH PLN CHECK 11/24/98 CATE I•I I b ( ' I Ild I 12 J 17. LINE OF ROOF DECK 0 4/2/99 18. LINE OF.SOFFIT 19. THICKENED EIFS BAND/WAINSCOT 5 a 11 6 6 29 5 23 11 21I L. EPDM ROOF MEMBRANE 12 1 7. 7. 7. 2 1 12 14 20 7 26 23 25 19 1 7. 12 22. © sm. TIP. SM. © © © SM. TIP. ICAL UNIT R 0 I 9N 2 J SM. TYP. 23.ROOF STRUCTURE-SEE STRUCTURAL NORTH ELEVATION n SOUTH ELEVATION n SECTION G O 25.VOID SPACE ABOVE CEILING 25.SUSPENDED CEILING SYSTEM- SEE CEILING PLANS YIT'•T4 `� Ya•14 Ya-r-r 26. STEEL STUD WALL 27.RESAWN WOOD FRAMING/ BRACKETS 28. PREFABRICATED ALUMINUM TOWER TYP, N C 0 0 TYP. A G 29.PAINTED TUBE STEEL FRAME I 19 1 1 28 V 4 2 3 0.ATTIC ACCESS DOOR 7. NTED GYPSUM 14 F i Pp. _ eI REO3 7 32.PECAST CONCRETE LEDGE G E WITH LIGHT SANDBLAST FINISH.G FINISH NOTES: 2 17 I 13 1 I 21 1 I 1 13 17 1 2t 1 t3 1 I.ALL EXPOSED STRUCT.WOOD MEMBERS SHALL BE STAINED RE-SAWN GLU-LAM. I I I I I I I I 2.ALL EXPOSED STRUCTURAL METAL CONNECTORS.PLATES 6 BOLTS SHALL BE PREFINISHED BLACK,U.O.N. COLOR LEGEND I I ____________________________________________________ A BENJAMIN MOORE#704 _______________________ j B. SINCWR CM 8542 C. :020WGI/331 'CONEFLOWER' • 0. 0 9OYY53/127-JUNIPER BERRY' a E. MEDIUM BRONZE ANODIZED ALUMINUM F. ENDICOTT PAVER BRICK'DESERT G. ENDIC017 THIN BRICK*MEDIUM p77- H. BENJAMIN MOORE#048 C•^ 14 29 14 I. CULTURED STONE-CARMEL ORYSTACK © TYR J 0� J. WARY GREY CONCRETE K. ILYMPIC SEMI-TRANSP STAIN W - 916 DRIFTWOOD GREY- ( 1 EAST ELEVATION L OA MATCH ADJACENT FINISH W �\ M.OFF1HWE,9SERIEn.S''GLE LAgPER t� Ya'-T-4r TW. CLEAR GLAZE - 21 C B G F N. TO MATCH PRECAST CONCRETE 1 7, A 0 N 1 1 E 0 2 2 O. CLEAR ANODIZED ALUMINUM ►hyl G TIP. sm. 4 c 9A 0 19 G - m P. I0 60YY83/094'WHITE ROOM* O 1 D L A C 2 7. 7. 6* 2 0. I0 20YY69/238'STUCCO' (y] W I I I '� ! R. I0 90YY35/189'PACIFIC PINES' 0 j r N TMP' 'J 4 17 6' SYMBOLS LEGEND r Q 11 12 IJ 14 7 19 B A H K H B 3• L C TIP. SM. 9Y. TIP. TYP, T1P. 9M. N N TYP. L C A C BRICK TO B� F F C G TYP. N ROOM NAME AND NUMBER O B 23 23 28 2B 21 23 19NAME 1 I 5 6 I 7 i tB a 2 I 2 1 10 2 7• 7. 19 I DOOR NUMBER IS 1 10 7, 113 7. 1 27 11 .1 .I Ae. 13 I 4 1 JO 29 27 � WINDOW NUMBER O KEYNOTE O _-..-_-.. 6-0-I- 5-9' WALL TYPE Q TE ANT TEN TIP. i , : ii ii + ` • ' INTERIOR ELFlI ATIDNS o � -��..:� o :� :: � 11 IJJJIILJI •. `� �,..: _ SECTIONS to :•. j. .t. -+:c„ - S 3:o- ^•� ';%+•.•''A. •,1 PROIER NR uI,:-4-- '-9*1 L Iul a 9 FINISH � „ , FINISH M TIRE HOSE RIB LOCATION O a EXTERIOR 9 19 19 1 2 19 1 12 s 20 29 27 19 19 22 B 5 17 30 5 21 25 11 B 5 27 12 6 22 O 19 19 5 27 5 B 1 i KEY PLAN ELEVATIONS AREA1 - 14 1 9 12 J. 7. 7. 7. 7. 7. 7. 7. .1 7. 7. 7. 7. 7. .1 7. .1 7. 7. _ 0 llP. TIP. TIP. TIP 3 591. T1P. 19 Tyrp.19 TYP. TS9. O i 9 501. 2 9Y 9Y.12 9Y.11 T1P. 9Y. 2 Six TYP. T1P 9 M. PP. Tr. TIP. O 0 0 O 0 CJ Tr. Sim. sm. TIP. 71P. TIP. 9W 3 5 WEST ELEVATION 0 0 0T'P' © 0 © 0 TYPj SHEEIr A5.2 p(/�� J 1 D• 42 pvHORrH '� 0 KEYNOTES 1. EIFS FINISH OVER METAL STUDS L H B 2. BRICK VENEER OVER SUBSTRATE A R C H I T E C T U R E i OVER METAL STUDS P LA N N IN G 1 MANUFACTURED STONE VENEER OVER TYP. L C A TYR 0 N SUB51PATE OVER METAL STUDS = N 15 21 3 4. PRE9NISHD METAL ROOF-22 1/2' 7. 7. 30 1 4 J 21 1 19 PANELS WITH WIDE BATTENS 452 Gghth kw.e Suite A C t ! i I H TIP. 0 TV.10 TIP.19 ! 1 5. PANELS'A'ITH NARROW BATTENS 1/4• Sen Diege,CA 92101 14 24 ^ 32 I 6. PAINTED STEEL CANOPY WRH METAL Tel(619)731-4/fl9 29 7. 1 7, `J I ILA ROOF-I6 1/4'PANELS WITH Fm(619)2344136 IT NARROW BATTENS.STAINED RESAWN L 14 15 PLYA'OOD AT UNDERSIDE A B L I C L B ! 7. CERAMIC TILE �� 10 B THIN BRrA VENEER EXPANSION JOINT 5 10 1 11 13 J 1 13 17 i I 9. ALUMINUM STORE.RONT ®��•"�•� 10. TENANT,SIGNAGE(.N.I.C.) --- - 1I F(Am DECORATIVE FRIEZE WITH _ t65 I- --- ----- __ _ WnHLiC"TSANDBLAST FINIS H 2 CONCRETE VENEER - _ I I J P4FNISHED MEAL OOPING - - I PAINTED HM DOOR AND FRAME !G N1\ TENANT15. PAINTED'STEEL PLATE h RODS ! - •,TF Of✓3'\ ' 7. •_s - !,I r i!! i!i;!!• ''! !! I - 16. PAINTT_D ROOF LADDER WITH PLN CHECK 11/24/88 • LOCJ(ABIE GATE 8 B RETAIL LINE OF ROOF DECK 1 4/2/99 AS 7. 18. LIE OF SOFFIT TIP. 19. THCKENEO EIFS SAND/WAINSCOT 20. PANTED ROLL-UP DOOR MEV 841E SEE eFOR TIP.NOTES AND DETAILS e I 22 EECH ROOF UNIT NE yQIE;;SEE FOR IYP.NOTES AND DETAILS 291B 2J 5 19 19 5 27 ,O 20 JO 8 29 22.MECHANIG,L UNIT s, 7. �J7 7. 25 23 12 2J. ROOF STRUCTURE-SEE STRUCTURAL J 24.VOID SPACE ABOVE CEILING 25.SUSPENDED COUNG SYSTEM- 1 SOUTH ELEVATION NORTH ELEVATION WEST ELEVATION 1g N J 12 9 E n BUILDING SECTION SEE CEILING PLANS 26. STEEL STUO WALL Vir-T-0' 27.RESAWN W000 FRAMING/ 0 6RACKETS X Q Q X N C A Q 28 PP. % I Q I 28.PREFABRICATED ALUMINUM TOWER 29.PAINTED TUBE STEEL FRAME 30.ATTIC ACCESS DOOR i 15 19 1 4 O 1 7. �.. t I I I 2. PRECAST CON RETc OGE Q UG T 08 T I B ! I N 0 H I L B G 32 ! J B L I I N L I O H FINISH NOTES: 1 I 3 9 1 29 I 13 1 17 2 1 1J 17 I 3 19 16 I i 29 1.ALL EXPOSED STRUCT.WOOD MEMBERS SHALL BE STAINED RE-SAWN CLU-LAM. i I I i 2.ALL EXPOSED STRUCTURAL METAL CONNECTORS,PLATES h BOLTS SHALL y C BE PREFINISHED BLACK,U.O.N. z � �\ i i ;!� , COLOR LEGEND A.B. SINCLAI 1704 AIR CM 8542 C. IG 20YY61/177 'CONEROWER' ICI SOYY59/127 JUNIPER BERRY'____ _ ________________________ E ECII M BRONZE ANODIZED ALUMINUM a F. ENDICOTT PAVER BRICK'DESRT -_- IRONSPOT' I-1/4X3-5/8'N7-5/8• ►�1�1 C. E2- 45d'1EOIUM 8n'%'X1%-7B%• H. BENJAMIN.MOORE J049 I. CULTURED STONE-CARMEL ORYSTACK 1�1 LEDCESTONE CSV-2007 J. gWARM GREY CONCRETE g (.1 N. 99 5P(ORIFTW000 REEY'ENi STAIN EAST ELEVATION 1 1'P. G L>tP. L L TO LIATGL ADJACENT TILE FINISH _ W M. NORT GLAZE SERIES*GLACIER',CLEA Z yr-ra f-1 A e 0 C B H B H B N. TO MATCH PRECAST CONCRETE UM 18 X3 28 11 1 1 1 1 I 1 P. CI fi0YY63/094'WHITE 0. CLEAR ANODIZED NROOM' O ' N TIP. 0 C TIP. TIP. lYP D p• 0. IG ZGYY69/228'SNCCO' 19 JO 10 1 1 A 4 21 J 15 �4 R. ICI 90YY351169 'PACIFIC PINES' H 0 TYP. A IYP. TIP. N I 7. 7. 7. 7. r _ I E-� g 29 1 i 5 24 19 3 I 32 I I ` ' I , SYMBOLS LEGEND L� t �p ROOM NAME AND NUMBER 0 • - -J s `I N H O A NAME H A B l E I I N A B l 3 19 29 1 10 S B L A DOOR NL•M(JER 15 5 1 10 11 1J 9 SM. 1 5 to 11 1 13 1 13 10 11 5 WINDOW NUN6ER O \��\�\ ; '/ �//!' GE R PE K ��� '.'/// KEYND,E O I 7. 3 _ _ L� ,L*T TEN __ WALL TYPE r�_ TE A X E INTERIOR ELEVATIONS Jy 10 - - I I. I I }`�', I1 ! ITTi '!I !i: i I� .ice:LiT�V1�'I!1' :m I ! 11! ICI \Y �II II I r�l II II I I < t a I I1�i III I�I!�II l II y 1 C!N N1LL11 IGI1N11 _ _ _ 1 G t11�1 - SECTIONS y 19 - \ \ \ ..\'• \\ �\ \\ \\\ � ;; S - e i' //�% • �/ - \�\ \ \ \ .\ � PRO1FLf NO N K `.`�";•._ $p •. :A DETAILS , e 97017 l _ ! MT !' O SHEET TIRE FINISH En I EROR HOSE BIB LOCATION tH.B. v1I AT fl 7. KEY PLAN ELEVATIONS 5 27 10 20 30 19 19 5 27 18 21 27 11 30 5 6 12 17 29 17 2g AREA 1 �• g 7. J. 12 .1 7. i � �' 1 7. 2 7. 1 9 2 15 9 12 19 6 7 27 7 9 • 55 E J B 5 C G B E K h E J N K H K E 4 v ST 6 WEST ELEVATION 2 K T 2 G 9 E 12 J I I TO Srs SHEET NM -'-V _ 41 e`2t. A5.3 6 a 0 N 0 R T H J AOL Q KEYNOTES I. EIFS FINISHWEfl PETAL STUDS � 2. BRICK VENEER OVER SUBSTRATE A R C H I T E C T U R E OVER METAL STUDS P L A N N I N G 1. MANUFACTURED STONE VENEER O`IER SUBSTRATE OVER MEN.STUDS 4. PREFINISHED METAL ROOF-22 1/2' G f PANELS WITH MOE BATTENS 452 Eighth Aellue 2 2 5. PRONISHED METAL ROOF-16 1/4- Suite A PANELS WITH NAFNCW BATTERS Sin Dig,,CA 92101 6. PAINTED STEEL CANOPY WITH METAL Tel(619)234-OM ROOF-16 PANELS WITH Fm(619)234-6176 %o NARROW BA ENS.STAINED RESA'W:N Y • Y I PLYWOOD AT UNDERSIDE ie 7. CERAMIC FILE L L 0 L F G L I I 8. THIN BRIG(VENEER EXPANSION JOINT 67mr 16 17 i3 1 1 21 22 16 2 2 13 9. ALUMINUM STOREFRONT S /� n 11. FENANT CORAf� FRIEZE 7 Y t 1. EIdF15N DECORATIVE r-2i IQE WTI-:- 12.WITH LIGTHTOSANDBE WAINSCOT LAST FINIS N R _`___ _ 3. PREFlNISHED METAL COPINGHID 14' PAINTED HM DOOR AND FRAME S. PAINTED STEEL PLATE @ RODS - - 16. PAINTED fl00F LADDER WITH PLN CHECK 11/24/98 LOCKABLE GATE 4/2/99 17. LANE OF ROOF DECK I RETAIL I 16. LINE OF SOFFIT II. THIC(ENED EIFS BAND/WAINSCOT PAINTED ROLL-UP DOOR 21. EPOM ROOF MEMBRANE HOLE:SEE FOR TYP.NOTES AND DETAILS HM SEE e FOR TIP.NOTES AND DETAILS 29 22.u-ECHAN01.UNIT 7 TIP. <8> 23.ROOF STRUCTURE-SEE STRUCTURAL 24.VOID SPACE ABOVE COILING n WEST ELEVATION EAST ELEVATION n BUILDING SECTION 25.SUSPENDED CEILING SYSTEM- Iv - SEE COILING PLANS w-T-O'' vs-T-w vi-T-W 26. STEEL STUD WALL 27.RESAWN WOOD FRAYING/ BRACKETS 28. PREFABRICATED ALUMINUM TOWER 29.PAINTED TUBE STEEL FRAME 1 N 0 H 30.ATTIC ACCESS DOOR 7 19 1 29 ' U PRECAST CONS 7EFE DGE W F G L/ L 0 l 24 D lam/ T 19 L g 19 UG S 1➢N Fl 11 V. TT 'I' rlNlc_H NOi FSr 2 2 17 21 17 1 I6 ITT t7 13 1 1.ALL EXPOSED STRUCT.WOOD MEMBERS I SHALL BE STAINED RE-SAWN GLU-TAU. 2.ALL EXPOSED STRUCTURAL METAL • _ j�//• CONNECTORS,PLATES h BOLTS SMALL I BE P.REFlNISHED BLACK,U.O.N. I COLOR LEGEND -- - A BENJAMIN MOORE 1704 ________ _____ J B. SINCLAIR CM 8542 -_J ______ ______________ __ ____________ _________ C. ICI 20YY61/371 'CO4FFLOWFA- 0 0. ICI SOYY59/127'JUNIPER BERRY' Q 1 E. MEDIUM BRONZE ANODIZED ALUMINUM F. ENDICOTT PAVER BRICK bESERT IRONSPOT'1-1/4-0-5/8X7-5/8' G. ENDICOTT THIN BRICK'MEDIUM 077- w 1/2X2-I MOOR J04 H. BENJAMIN YOORE�048 z 1. CULTURED STONE-CARMEL ORYSTALK z LEDGESTONE CSV-2CO7 TYP.14 1 �9 Ir. J. WARY GREY CONCRETE (-1 L B K. LYUPLC SEMI-TRANSPARENT STAIN F•L� 9916 DRIFTWOOD GREY L TO MATCH ADJACENT FINISH U NORTH ELEVATION W y Y ALRILE EST OUARSERIES rOUPAN v F� 1� CLEAR GLAZE Vr•T� H B H B C N. TO PATCH PRECAST CONCRETE 1 1 1 1 i 2 2 0. CLEAR ANODIZED ALUMINUM TIP P. ICI 60YY83/094-WHITE ROOM' �N O 14 24 9 0. IG 2TN69/228'STUCCO' (v 7. 7. C R. ICI 9DYY35/169'PACIFIC PINES- O L 1 i e N D H , I SYMBOLS LEGEND m .. - 19 10 1 29 n p 27 24 Q. N H 20. TFP.2S 8. 1Yp. G F L A 26 -I- Y 7 NAME ROOM NAME AND NUMBER 19 10 15 B 2 2 13 5 L A B I I B' A - i 7. .1 7. i 7. i DOOR NUMBER 13 5 10 11 1 7 10 1 1 5 I I I I� G N1x0OW NUMBER H KEYNOTE S WALL TYPE - 11 1 Wull III lyll, I I La tI I . Ii I I I I I `+ �+ _ '�: � •k w sf {" INTERIOR ELEVATIONS U TENANT NANT TE ANT ' ` t y t x~4" :_;,., ` T 77 s cnox5 ' I PROJECT All 5 rti' DETAILS 97017 a LI Q SHEET TIRE FINISH HOSE BIB LOCATION t H.S. S EXTERIOR ELEVATIONS 1B 19 29 27 5 19 5 10 27 30 _ 27 25 5 20 5 11 KEY PLAN AREA W _ 9 27 19 6 9 2 ' 12 9 6 2 7. 7. AB. 7. 7, 7. IMP. 9Y. TYp. TYP. I . Tr Tr.E K N TYp, 20 K M E K B TYP TYP. Tr. TIP: J �. E 9LL K M F n SOUTH ELEVATION ur•ra � \�� A5.4 5 Q D N 0 R T H low iw W KEYNOTES 1. Eff5 FINISH OVER PETAL STUDS H B 0 C B 2. BRICK VENEER OVER SUBSTRATE A R C H I T E C T U R E 1 1 28 1 1 OVER METAL STUDS P L A N N I N G 3. MANUFACTURED STONE VENEER OVER SUBSTRATE OVER METAL STUDS 11 2 A C 0 N v 4. PREFINISHED METAL ROOF-22 1/2- L i I ?5 1 30 7. 4 1 1 19 PANELS WITH WIDE BATTENS 452 Eighth Am ' L A I I 5. PRE_FlNISHED METAL ROOF-16 1/4- Suite A N Q 30 PANELS WITH NARROW BATTENS Scn DMga CA 92101 r- 26 27 28 __ 32 6. PAINTED STEEL CANOPY WITH METAL Tel(619)234-M fT fil A L N D C` 17 13 4 ig t1P. N K C E A L NROOF ARROWIBAT�ENSPANELS WITH STAINED Fae(619)234-8136 T 5 4 13 19 1 1 26 2B 211 23 1 27 I 9 4 13 1J C PLYWOOD AT UNDERSIDE . 23 7. CERAMIC TILE � m 1 1 8. THIN BRICK VENEER EXPANSION JOINT__...... Sim - _. + 9. ALUMINUM STOREFRONT -- - - - -- -- - --- TE ANT - - ------------- - 101. FOAM 0ECORATIVE`N FRIEZE.1 I I ill I _ _____ EIFS FINSH FAIQc WITH HIM I I III I I I I I I J) 12. PRECAST CONCRETE WAINSCOT VENEER A ) II J���I; I II I P Ij iI rII jI p WITH uGHT SANDBLAST FINISHTEN �_IUIJUI�I� 13. PRE'TNISHED METAL COPING -� _ m 1 _ - 15. PAINTED STEEL PLATE h RODS _ = 16. PAINTED ROOF LADDER WITH pLN CHECK 11/24/98 LOCKABLE GATE I I I I 17. LINE OF ROOF DECK 0 4/2/B9 B. LINE OF SOFFIT 19.THICKENED EIFS BAND/WAINSCOT 30 20. ZI Tfo ROLL-UP I," 7. 21. EPOM ROOF MEMBRANE 9 29 5 19 18 27 4 19 1 22 8 12 B 1 19 2 7. 2 5 21 25 1t B 5 27 6 2 1 19 5 12 29 22 22. MECHANICAL UNIT 7. 7. 7. 7. .1 7. 7. 7. 2J.ROOF STRUCTURE-SEE STRUCTURAL E C 79 ! E [ B 27 O G 61 9 � 9 12 � � 11 12 2 C C B J , SOUTH ELEVATION R K E J 77. G 1N 24.VOID SPACE ABOVE CEIUNG 1 25.SUSPENDED CEILING SYSTEM- SEE CEILING PLANS 26.STEEL STUD WALL 27. RESAWN WOOD FRAMING/ BRACKETS 28.PREFABRICATED ALUMINUM TOWER TYP. C TYR 0 A N G 29.PAINTED TUBE STEEL FRAME 30.ATTIC ACCESS DOOR 15 7 1 7. 1 4 19 2 J1 U .y I iI 2.PRECAST CONCRETE GE W np UG 08 I A 19 C C L D TYP. N ��� L C L 2B D T7 L C 0 26 FINISH NOTES a 1 1 13 I 7. 19 13 17 11 16 1 4 13 17 1 t 1 ALL EXPOSED HEE ESTAIN D RE-SAWN GLU-LAMOOD S. 2.ALL EXPOSED STRUCTURAL METAL I I CONNECTORS,PLATES h BOLTS SHALL BE PREFlNISHD BLACK,U.O.N. • COLOR LEGEND - j A BEN•IAMIN MOORE#704 - 11 0 8-9.1 9-tO 542 _______ _ _hE._ I B. :0 SOYR11 B1 ' 27 -------- -------- I C. Iq TOYY61/331 -CONEFLOWER- 0 0 o a o 0 0 0 0- -- _- - D. CI- K E. MEDIUMBRONZE-ANODIZ D ALUMINUM y7 F. ENDICOTT PAVER BRICK'DESERT LL IRONSPOT' I-1/4113-5/8-0-5/8- G. ENDICDTT THIN BRICK-MEDIUM(177- F•L� H. BENJAIJIN MOORE J049 C'^ I. CULTURED STONE-CARMEL DRVSTACK 5 29 LEDGESTONE CSV-2007 J.19 7 12 2 WARM L EY CONCRETE 14 J. 4 14 K. pYNMPICR EMI-TRANSPARENT STAIN T"�1 N J G L - L 991E DRIFTWOOD GREY NORTH ELEVATION u OALTTLET QUARRCnL FINISH W U 11 NORTHWEST SERIES-GLACIER', r f-0' 7 tb- lv - CLEAR GLAZE z v N. TO MATCH PRECAST CONCRETE CLEAR i1P. C A 0 N G � 1 0. CLEAR ANODIZED ALUMINUM lFyl 15 21• 2 G 11P. 1 C TTP. O W A C J L N P. Iq 60YYB3/094' C ROOM-0. CI 2(TTY69/ 7. 7. I 4 1 19 2 7. 1 4 1 13 19 R. Iq 90YYco 35/169-PAC FlC-PINES- c�T W V SYMBOLS LEGEND (� I' TIP. 32 N 9M. A K 17 T D S N C L R L D TM. N L D L ROOM NAME AND NUMBER O 7. - 19 21. 4 27 1 2. Qi 19 11 13 13 1 23 I9 20 17 1 22 i6NAME 1. 7� � TT DOOR NUMBER i T O G WINDOW NUMBER `F5 I I T 2 KEYNOTE O ALL TYPE - G ___-________ _ _ I _ 6 _ __-_ _ __ ___-_________- ___ OB-9'1 f7-0' I ___ 4 7 II III I I I _ -- --------- _ :__ INTERIOR ELEVATIONS fl . IMI . .•,:z, -T_ _ SECTIONS � PRalCcr xa GT oErA s e 9 RETAIL - �•;. � a,a 7017 RAIL � � SHTET illlE I YI •� �I FINISH O AV� B 5 19 17 23 ti vs ( 12 J 2 29 HOSE BIB LOCATION t H.B. EA I CRIOR KEY PLAN ELEVATIOCNS .18. 7 7 AREA'S1 19 11 C - �9 14 6 6 26 � 25 23 27 12 ,7. L N J {C B EAST ELEVATION BUILDING SECTION SHM W. uir-f-c °j v�-f� -r A5.5 i 411 � 1 N O R T H J • EXHIBIT "E" DESIGN GUIDELINES Refer to.Building Design Guidelines and Overall Landscape Design Guidelines in Submittal Package, Part 4 - Design Guidelines. DECLARATION OF COVENANTS, EXHIBIT E, DESIGN GUIDELINES, PAGE 5 EXHIBIT "F" SIGN CRITERIA Refer to Proposed Sign Guidelines in Submittal Package, Part 4 - Design Guidelines. • DECLARATION OF COVENANTS, EXHIBIT F, SIGN CRITERIA, PAGE 6 • 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 that 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 occupant's 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 of the Shopping Center 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 those trucks (a) only during the • hours permitted by Section 6.05 of the Declaration, or (b) so as not to materially interfere with the operation of the other Stores within the Shopping Center. DECLARATION OF COVENANTS, EXHIBIT G, RULES AND REGULATIONS, PAGE 7 • 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 Areas 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 are approved by the Parcel Owners. All use of roadways and walkways 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 Areas permitted by Developer) shall be used for other than pedestrian travel or such other uses as are approved by the Parcel Owners. 2. No person shall use the Parking Area except forthe parking of motor vehicles during the period of time the person or the occupants of the 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 that area is given. 4. Developer reserves the right to designate certain portions of the Parking Area for nonexclusive use as parking areas by the respective employees, agents, contractors, licensees and concessionaires of the Occupants. Those portions of the Parking Area may be more particularly set forth in the Plot 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 Plot Plan, for that 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 to those license plate numbers within ten (10) days after any change. If the employees fail to park their vehicles in the 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 the Occupant or the Parcel Owner with respect to that occupant, $15.00 per day per vehicle for each day or partial day that employee 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 for payment of those amounts. All Occupants authorize Developer to tow away or cause to be towed away from the Shopping Center any vehicle in violation of the provisions of this paragraph, and/or to attach violation stickers or notices to such vehicles. DECLARATION OF COVENANTS, EXHIBIT G, RULES AND REGULATIONS, PAGE 8 • 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 and federal law. 6. Subjectto the Expressive Activities Regulations, no person shall, in oron 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 any circular, booklet, handbill, placard, or other material. (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 of the Shopping Center and prohibit, abate, and recover damages arising from any unauthorized act, whether or not the act is,in express violation DECLARATION OF COVENANTS, EXHIBIT G, RULES AND REGULATIONS, PAGE 9 • of the 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. • • DECLARATION OF COVENANTS, EXHIBIT G, RULES AND REGULATIONS, PAGE 10 4B - Building Design Guidelines Referenced In: Part 1, Conditions 11, 12, 26 4A - Covenants and Restrictions Referenced In: Part 1, Condition 20 0 • BRIDGER PEAKS TOWN CENTER DEVELOPMENT GUIDELINES TABLE OF CONTENTS Building Design Guidelines I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Building Character ... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 1 III. Building Massing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. Building Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A. Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Form/Pitch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Eaves/Soffits/Fascia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Gutters/Downspouts/Snow stops . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Roof mounted Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Sloped Roof Materials/Color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Canopies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 • 1. Sloped Canopy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 5 2. Flat Canopy . 5 C. Exterior Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. Articulation of Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. Building Rear and Sides 1. In-line Shops Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Pad Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 E. Storefront Windows & Doors . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 7 F. Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Equipment Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Trash Enclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 G. Trash Enclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. In-line Shops Trash Enclosure . . ... . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Pad Buildings Trash Enclosure . 8 H. Exterior Lighting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. Parking Lot Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Building Lighting . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 9 3. Exterior Building Lighting. . 9 i 4. Security Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 I. Bicycle Racks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 V. Materials and Colors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1. Materials . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 10 2. Colors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. Materials/Colors Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . 11 LANDSCAPE DESIGN GUIDELINES I. Oak Street Frontage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. North le Frontage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Entryway Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4. Water Retention Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. Pedestrian Use Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6. Interior Parking Lot Islands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. Building Envelopes . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . 13 BUILDING SIGNAGE CRITERIA • I. General Building Signage Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. Pad Tenant Signage Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. General Building Signage Criteria • • BUILDING DESIGN GUIDELINES I. Introduction The intent of-the following Design Guidelines is to ensure that a high level of architectural design continuity and quality is maintained within Bridger Peaks Town Center. Sensitive and responsible architectural, landscape and signage design will enhance the appearance to be created both within the initial in-line development of Bridger Peaks Town Center as well as in the final build-out of all perimeter pad buildings. Of particular importance to the established Building and Landscape Design Committee (BLDC) will be the development of these freestanding pad buildings. It is important for these buildings to enhance and reinforce the established architectural character of the main buildings in massing, materials and color. The pad buildings will be visible from all sides, and will be judged by the BLDC in terms of this context.' II. Building Character An architectural character has been established for the buildings of Bridger Peaks • Town Center. To ensure continuity within the development of this project, it is important that all new buildings be compatible with and enhance this character. Although this architectural aesthetic is not easily categorized, it is comprised of building forms, details, materials, and colors that are intended to reflect the nature of Montana. While acknowledging the rugged past of the old American West and mid-western turn of the century architecture, the refined details within these buildings reinforce the more urban character of Bozeman's current residents. In addition, the original downtown Main Street areas of Montana's towns, including Bozeman, are a vast resource of significant historical building styles. The importance of these areas within the community is addressed in Bridger Peaks Town Center through the use of various building materials and forms particular to that era. The inspiration for the color palette employed in Bridger Peaks Town Center is found in the surrounding rural areas. The many shades of green, yellow, red, and brown present in Montana's natural landscape create a palette that complements the local environment. III. Building Massing • Articulation of building forms, both horizontal and vertically, reduces the overall bulk of a building and adds visual interest to the architectural composition. Large, unbroken building masses are not consistent with the more articulated pedestrian scale character of Bridger Peaks Town Center and will not be permitted. F:1 raj Ooeumenbl97000%a701Muildlnp Ouldetinn&doe 1 • Building forms for pad buildings should be broken down into masses not more than 25' in length. Vertical masses should be used where feasible to denote important building elements and create a more interesting skyline profile. IV. Building. Elements A. Roofs 1. Form/Pitch - The use of more than one type of roof form on a building is highly recommended within Bridger Peaks Town Center. While flat roofs behind parapets are permitted, it is also desirable to use higher, pitched roof elements to accentuate areas of particular significance, and to complement the Bridger Peaks Mountains that form the backdrop to this Center. To ensure architectural unity within Bridger Peaks Town Center, pitched roof forms should be hipped with a slope of approximately 3:12. Hipped roofs may be rectangular in plan although square forms are preferred. Metal Roof and • Fascia j2 3 TENANT T 2. Eaves/Soffits/Fascias. All sloped roof elements shall have a minimum horizontal eave projection of 24" measured from the finished wall. Sloped roofs may have either eaves with exposed rafter tails or enclosed soffits. On major roof- forms, enclosed soffits are preferred. Where exposed rafter tails are used, they should be set back from the roof edge approximately 2" and should be cut square. Where enclosed soffits are used, the horizontal surface should • be finished with EIFS. All roof edges with enclosed soffits should have a fascia a minimum of 6" in height, clad in metal to match the sloped roof. Roof edges with exposed rafter tails should not be finished with a fascia. F:{RoJ.d Oo "wftto70001970i MuMi"p Qu"Inn&dw 2 Metal Roof Resawn Wood . 2'-0" min. OPEN EAVE Metal Roof Metal Fascia 2'-0" Min. EIFS Soffit ENCLOSED EAVE 3. Gutters/Downspouts/Snow Stops Gutters on roof edges are permitted, but should either match the roof color at enclosed soffit conditions, or match the wood rafter color when exposed rafters are used. Exposed downspouts .are not permitted in Bridger Peaks Town Center. Where gutters are used, downspouts should be routed inside building walls. Snow stops must be used on all sloped roof forms where roof edges are above pedestrian walks. They should. be unabtrusive in appearance and shall match the color of the sloped roof. F:V"Jed Doeumanb197000197017%WWing GuW911nsseA c 3 • 4. Roof Mounted Equipment All roof mounted equipment, including, but not limited to, HVAC units, vents, and miscellaneous penetrations, should be integrated into the overall roof design. Roof mounted mechanical equipment shall be located on flat roof areas and shall be screened from public view. The preferred method of screening is to extend the parapets to a height sufficient to block views of equipment. Penetrations in sloped roof elements should be avoided, but where unavoidable, all exposed items shall be painted to match the roof. 5. Sloped Roof Materials/Color All sloped roof elements shall be finished in standing seam metal roofing. Where major roof forms are used to accentuate an important feature, a stepping sloped roof design should be considered.. The metal roof color shall be compatible with the overall Bridger Peaks Town Center color palette. • Stepped Metal Roof B. Canopies Canopies should be used where feasible, and where roof overhangs do not .occur, to shelter doors and give definition to building walls. Several types of canopies are suitable for use in Bridger Peaks Town Center. F:V%Iod Doeim vftW700019MrAuUng Ou"Inw&dw 4 1. Sloped Canopy Sloped canopy framing should be constructed of exposed resawn wood with standing seam metal roofing, supported by diagonal wood braces. The pitch should be 4:12 and the color should match adjacent metal roofs. Snow stops shall be used where canopies are located above pedestrian walking surfaces. 2. Flat Canopy Flat canopies may be constructed of either wood or metal, and should be supported by diagonal rods with wall mounted connector plates. Flat canopies may be framed as an open trellis or with a standing seam metal roof cover, sloped to shed water. The color of metal roofs, where used, should match adjacent metal roofs, while the remaining canopy colors should be compatible with the Bridger Peaks Town Center color • palette. Mounting Plate Diagonal Rod Metal Roof Optional Sloped Metal Roof Resawn Wood Metal Trellis Framing Building wall Building Wall SLOPED CANOPY FLAT CANOPY • F.Wf*ct DocunwrftW7000470170 nmng Ou"Ire.SAw 5 • C. Exterior Walls 1. Articulation of Walls To reduce the overall scale of building forms and add visual interest, building walls on pad buildings should not be longer than 25' without an offset in plane, change in color or material, or some other treatment to vary the wall surface. Alternate means of reducing building bulk will be considered on a case by case basis by the BLDC and will be judged in terms of the intent of these Design Guidelines and the compatibility with the.rest of the Center. D. Building Rear and Sides 1. In-Line Shops Buildings The rear building elevations of the in-line shops buildings will be fairly simple due to the service nature of these areas and the lack of public visibility. Although ornamentation will be kept to a minimum, the colors and materials of these elevations shall be • compatible with the established architectural character. In addition, these areas shall be screened from view through the sensitive use of landscaping. The sides shall be designed in a similar manner as the front of the buildings in detail, color and material. 2. Pad Buildings The pad buildings of Bridger Peaks Town Center shall be treated as four sided buildings. All elevations will be visible to the public, and shall be designed in a manner consistent with the quality and architectural character established within the center. The in-line shops buildings should be used as a model for the design of individual pad buildings in massing, material, and color. F:Wtojod Dwurrw W700=7Mr6ufldlnp OukWlrnB.dw 6 r� E. Storefront Windows & Doors The sizes, shapes, and materials of storefront windows and doors have a significant visual impact that should be considered in the development of building elevations. In addition, it is important to provide significant clear glazed openings at all retail spaces for maximum visibility into the store's interior. The storefront should be Dark Bronze Anodized Aluminum, with clear dual-glazing suitable to the local climate. Openings may have square or shallow arched tops. Generally, arched top openings should be used judiciously to highlight areas of particular importance or to complement the design composition. Glass above the typical 7' door height is desirable, where feasible, to increase the amount of interior daylight and to reduce the amount of unglazed exterior wall surface. EIFS Finish EIFS or Precast Lintel _TF] I • Brick Precast • Wainscot SQUARE TOP ARCH TOP F.Vha sd Domm*r W000 M1718WMhv GW"1»s8.d= 7 F. Screeninq 1. Equipment Screening All ground level equipment including, but not limited to, transformers, satellite dishes, and mechanical equipment, shall be screened from public view through landscaping or solid fencing. The acceptability of solid fencing shall be judged on its compatibility with the surrounding architecture. G. Trash Enclosures All trash enclosures shall be enclosed on a minimum of three sides by 6' high CMU walls finished per the enclosed details, and shall be softened by generous landscaping. The use of a wood or steel trellis structure over the enclosure should be considered where the enclosure is visible to the public. The colors shall be compatible with the surrounding architecture. 1. In-Line Shops Trash Enclosure This trash enclosure shall be used in the service area behind the main in-line buildings where they are not visible to the public. See attached details. 2. Pad Buildings Trash Enclosure This trash enclosure shall be used adjacent to pad buildings where appearance is particularly important due to public visibility. See attached details. H. Exterior Lighting The type and quantity of exterior lighting contributes to the architectural character and security of a retail center during non- daylight hours. The intent of these lighting guidelines is to provide for a level and color of ,lighting that enhances the appearance of the buildings within Bridger Peaks Town Center, promoting a safe environment while not being overly bright. Light fixtures should be shielded as necessary to prevent direct illumination from falling on . adjacent properties. The attached site lighting plan indicates the types and locations of light fixtures to be used within this center. F Vhged ooeve+e*W?OM7017%Bu"QukWInw8.doc 8 • 1. Parking Lot Lighting Parking lot lighting must meet the City of Bozeman regulations and should provide as even coverage as possible. Due to the maximum 20' pole height requirement, high-pressure sodium lamps in parking lot lights are most suitable. Low-pressure sodium lamps are not permitted. The lamp within the fixture shall not extend below the wall*of the fixture. The parking lot light pole and fixture shall be per the attached cut sheets. 2. Sidewalk Lightinq The use of pole lights along the sidewalks in front of the buildings within Bridger Peaks Town Center creates an enjoyable pedestrian experience similar to that found in successful downtown areas. While the "acorn" type heads produce omni-directional light, the poles are set back from the surrounding streets sufficiently to prevent distraction for vehicular traffic and adjacent properties. See attached cut sheet. • 3. Exterior Buildinq Lighting The exterior building lighting should enhance the appearance of the Bridger Peaks Town Center Building during non-daylight hours. The wall mounted lights have "acorn" type heads similar to those on the sidewalk pole lights and are set back from the surrounding streets and properties. Pad tenants are encouraged to use this fixture type on their buildings to provide unity within the center. See attached cut sheet. 4. Security Lighting Wall-mounted security lights are provided at the rear of the in- line shops buildings. These lights shall be oriented to not illuminate adjacent properties. This type of fixture should not be used on pad buildings due to the visibility of all sides of the building. Security lighting for pad buildings should be accomplished through the use of decorative exterior lights. • F:V%Iod Doa"nafb19700=701?VkAMhV OuW*ne%6.doo 9 • I. Bicycle Racks Bicycle racks shall be provided with the buildings of Bridger Peaks Town Center for customer convenience. Each bicycle rack shall provide space for five (5) bicycles. Six (6) racks shall be distributed evenly for the in-line shops building, and one (1) rack shall be provided for each of the pad buildings. The bicycle rack shall be "The Original Ribbon Rack" as manufactured by AAA Ribbon Rack Company, Product#RB-05-1-G. See attached product cut sheet. V. Materials and Colors 1. Materials Wall materials are critical to the unified appearance that is desired within Bridger Peaks Town Center. The sensitive use ow multiple materials is a desirable approach to creating a richness in architectural character. Acceptable materials within the center are EIFS (synthetic stucco), • brick, thin-set brick, pre-cast concrete, and simulated stone veneer. Siding of various materials is generally unacceptable, although the BLDC reserves the right to consider alternate materials on a case by case basis. It is preferable that the approved materials be the exact material and color as specified. When using these materials, they should be used in a fashion consistent with their historical precedent. 2. Colors As previously noted, the Bridger Peaks Town Center color palette was developed from the surrounding Montana landscape and its many shades of brown, yellow, green, and red. Use of this palette creates richness by complementing the colors found in the local natural environment. The colors of all buildings must be compatible with the developed color palette. The following color and material schedule is intended to provide inspiration in the design of various buildings within Bridger Peaks Town Center. The paint and stain colors indicated are intended to act as a guide. The material and color palettes of individual projects will be judged in terms of their compatibility with the following: • F.Vha t Domxrw.W70WQM7%Bu ng ouie.lhme.aoc 10 • Materials/Color Schedule 3. Materials/Color Schedule Materials 1. Field Thin Brick - Endicott Wirecut, Medium#77" '/s" x 2 '/4" x 7 5/8". 2. Accent Thin Brick- Endicott Wirecut Desert Ironspot 1 W x 2 %" x 7 5/8" 3. Simulated Stone - Cultured Stone "Carmel Drystack Ledgestone" CSV-2007 4. Accent Tile - Dal-Tile Quarry Tile Company, Northwest Series "Glacier" Clear Glaze 5. Pre-cast Concrete -Warm Grey with Light Sandblast Finish 6. Standing Seam Metal Roof- Color Benjamin Moore #704 • 7. Storefront - Medium Bronze Anodized Aluminum Colors 1. Base Wall Colors a. Sinclair CM8542 b. ICI "Coneflower" 20YY61/331 c. ICI "Juniper Berry" 90YY59/127 2. Accent Color a. Benjamin Moore#049 b. ICI "Stucco" 20YY69/238 c. ICI "Pacific Pines" 90YY35/169 3. Wood Stain Color a. Olympic Semi-Transparent#916 "Driftwood Gray" • F.V"set r W&Ing o„Weffrma.d= 11 3' 4X4X1/1 TUBE STEEL CONC. CAP POST L NRH CONCRETE B• CONC. MASONRY WALL- PAINT • 1-15 HORIZ. CONT. 0 TOP, (3) HEAVY DUTY HINGES MIDDLE do BOTTOM J5 0 32. O.C. VERT. HEAVY DUTY PIPE 6' X 6• CONCRETE CURB ON 3 SIDES ZHAIN LINK 4' THICK SLAB, MEDIUM BROOM FINISH-SLOPE TO DRAIN A/C PAVING SEE CML Ct;z'\ DETAIL ' J 39• •• • ••• , • 2-14 CONT. 0 BOTT. CONCRETE CURB 15 0 32' O.C. VERT 24'MIN. CONC. MASONRY e'-o' CLEAR 9 SECTION WALL MIRROR ENCLOSURE SLIDING BAR LATCH THIS SIDE FOR DOUBLE B o z CMU WALL 4' TUBE STEEL DIAGONAL ROD POST. TYP. w o C HEAVY DUTY CHAIN LINK ' — c N FENCING W/ SLATS TO MATCH W CONCRETE PAD ENCLOSUR E I' CANE BOLTS SET IN ' WHERE REQUIRED 1 1L2- X 3-LONG PIPE � SLEEVE IN SLAB PLAN a B A ELEVATION NOTES 1. CMU WALLS SHALL BE PAINTED TO MATCH ADJACENT WALLS. 2. ALL METAL FRAMING SHALL BE PAINTED TO MATCH CMU WALLS. IN-LINE SHOPS TRASH ENCLOSURE 3' SLIDING BAR LATCH 001/4 TUBE STEEL CONC. MAS. WALL POST L WITH CONCRETE. 2'X1/8' MTI. SUPPORT STRAP lb CORRAGATED GALV. Mil. 18 PANEL IN METAL FRAME (3) HEAVY DUTY 3_WX5'H HINGES WELDED TO POST 1' CANE BOLTS SET IN IIH do FRAME. 1 1/2' X 3-LONG PIPE SLEEVE IN SLAB �E2' X 1/4' STEEL A ELEVATION CORRAGATED MTL. IN STEEL FRAME CONC. CAP C DETAIL 8' CONC. MASONRY WALL 1-f 5 HORIZ. CONT. 0 TOP, MIDDLE do BOTTOM 15 0 32' O.C. VERT. 6' X 6' CONCRETE CURB c ONCRETE CURB ON 3 SIDES 8'-0' CLEAR 4' THICK SLAB, MEDIUM O'CONC. MASONRY BROOM FINISH-SLOPE WALL. TO DRAIN J A�C PAVING MIRROR ENCLOSURE-� S E CIVIL THIS SIDE FOR DOUBLE B 4' TUBE STEEL POST, TYP. 'o, C co + p C Vl J U J ••. �, t, 4' CONCRETE PAD ^ 1 2-j4 CONT. 0 BOTT. � IF REOUIRED +5 A 32' O.C. VERY 24' MIN. PLAN A B 6 SECTION FINISH NOTES: 1. ALL METAL SHALL BE PAINTED TO COMPLEMENT WALL COLOR. 2. EXTERIOR OF TRASH ENCLOSURE WALLS SHALL BE CLAD IN EIFS, STONE OR BRICK BRICK PER THE COLOR/MATERIALS SCHEDULE. PAD BUILDINGS TRASH ENCLOSURE •• •• :•• /� •• • '•• • •• ` O , � t is •• •!• -•�• • �'• • •�•• • r , / ,is �` sssaaaaaaassa.aass,w0 �I �% ' tt IqI '01 • ° .. e .o. .o. .e. o_ .: .o. .e. .:Iq �b• O (mil• (Vl• �ir1 tee .;;.. 1 1 11 11 •11 TYPE: CATAL•: WRAW-EDISONO DESCRIPTION SPECIFICATION FEATURES The McGraw-Edison A...Latches V.-Optics • Concourse III is the most Two spring-steel quick release One-piece hydroformed '— versatile,functionally latches on housing for toolless anodized aluminum reflectors designed,universally entry. provide five different optical adaptable outdoor lighting .distributions and sharp cutoff available.Through a variety of 8...Socket control. mounting styles,it offers a Porcelain mogul-base screw family of low profile sharp- shell type lamp socket with G...Mounting cutoff luminaires that make spring-loaded center contact. Universal mounting clamp optimum use of today's high concealed in housing fits 1 1/2" output HID sources. C••Housing to 2 3/8"O.D.-horizontal tenons One-piece,die-cast aluminum without adapters.Provides a APPLICATION housing features aesthetically +5°vertical leveling adjustment. C$CONCOURSE III pleasing soft-corner design. Enhancing natural landscapes H•••Ballast as well as cityscapes,the D...Gasketing Easily removable high power Concourse III brings Closed cell gas-filled high factor HID Multi-Tap ballast is 7 0 4 0 0 W outstanding performance and temperature silicone gasketing standard. style to walkways,parking lots, completely seals optical system High Pressure Sodium roadways,loading docks, from dirt,bugs or other foreign J...Hinges building areas,and any material. Integral hinges prevent door ARCHITECTURAL security lighting application. rocking and optimize sealing AREA LIGHT U.L.listed for wet locations. E..-Lens capabilities. CSA certified. Thermal shock-and impact- resistant clear tempered glass. A........................... VT RR V ta........................................... ........... ...... J W • C................. O D................... O E.................. . ............ 0 Z IF.................... .................... ....... Y ^^Q Li.. 0 0 G.................. .. ............................. .8....... 8 e H ................. .............................. . a....................................... 9 9 ENERGY DATA J ............... .... �. HI-Reactance Ballast Input Wene 70W HPS HPF 195 Watts) 100W Hr5 HrF Ilin Watts) 15oW IIPS III't (19n Wan,) CWI Ballast Input Watts DIMENSIONS SPIDER/YOKE MOUNTS 250w Hrs nrr lann w:,nsl CWA Ballast Input wane 40O OOOW HPS HPF(465 Watts) • 19 114" 19 3/4' 1502mm1 1502 ml 14 7/8' 1378mm1 5 5/8' 1143mm1 6 3/8' 6 1/4' �162�nm I f 159fnml Round Pole Square Pate COOPER LIGHTING ADH970840 CSCONCOURSF III PHOTOMETRICS 4 4 4 4 4 3 3 3 3 -- 3 E E 2 2 E 2 2 - 2 D NA D C', 1 1 C 1 1 1 B --A 0 - 0 - - - 0 -- 0 A I 0 A. B 2 2 2 2 2 3 3 3 3 3 1 4 4 4 0 1 2 3 4 5 0 1 2 3 4 5 0 1 2 3 4 5 0 1 2 3 4 5 0 1 2 3 4 5 CS-1 CS-2 CS-3 CS-4 CS-5 CS7252 CS7253 CS7252 CS7254 CS7255 250-Watt HPS Design 20 250-Watt HPS Design 22 250-Watt HPS Design 30 250-Watt HPS Design 40 250',Natt HPS Design 50 30.000-lumen Clear Lamp 30,000-lumen Clear Lamp 30,000-Lumen Clear Lamp 30,000-lumen Clear Lamp 30,000 Lumnn Clear Lamp Footcandte Table Pole Top Mounting for Square and Round Poles (ordersearately) Select mounting height and read across for footcandle Slipfitter accommodates 2 3/8"-3'O.D.pole top tenons.Catalog number includes slipfitter and mritinting arm(sl. values of each isofootcandle line.Distance in units of Square unit height is 6 1/4'.Round unit height is 6 3/4'. mounting,height. Mounting "elgist M11- F0000tcan Wlunfor (�_ CS•1� ht41ft7otcarndN Linn �-1 A B C D E CA43S CA44S CA45S CA465 15' 6.6 3.3 1.4 0.6 0.3 20' 3.7 1.9 0.8 0.3 0.2 ' . 1. 0. 0. 0.1 30 1 0 30' .7 0.8 0.33 0.11 0.1 For 40UW HPS,multiply footcandle readings by 1.67. CA43R CA44R CA45R CA46R CA47R O P aeERING INFORMATION E NUMBER:CS72529 7��a 7 2 Product Housing Lamp Optics Voltage' Options(add as suffix) Actemdes(order separately) Series Type 2-Design 1.120V F=Single Fuse(120,277 or 347V) P=Button-type Photocontrol,Field Installed. course 7=7000' 2=HPS 20/30 2=208V FF=Double Fused(208,240 or 48OV) CAI(-House Side Shield-Design 20 III Lem 3-Design 3=24OV V-Vandal Shield CA11=Wall Mount Adapter p 22 4-277V O=Ouartz Restrike(Limit to 15OW max. CA18=House Side Shield-Design 40 Mounting wattage 4-Design 5=480V quartz lamp only.Lamp not included.) CA40=Direct Arm Mount for Square Pole(F.PA 0.2) Method 1=70W 40 6=Triple-Tap' R=NEMA Twistlock Photocontrol Receptacle CA41=Direct Arm Mount for 3'Diameter Rntind Pnle(EPA 0.7) S=Mast Arm 2=1DOW 5=Design 9-Multi-Tap CA42=0irect Arm Mount for 3 1/2'-4'Dianrter Round Pole, 3=15OW 50 IEPA 0.2) 5=25OW OA1016=Photocontrol-Multi-Tap 6.4DOW OA1027.Pholorontrol-480V OA1201=Photoelectric Control,347V NEMA Type L=lamp Included DIRECT ARM MOUNTINGS Catalog Lamp Lamp Ballast Type/ Mounting Net Wt. Shipping -- Number Wattage Type/Base Power Factor Optics Tyne'•' EPA' (Ibs.) Volume(cu.h.)' CA41 CS7212 70 HPS Hi.-X/HPF 20130 Mast Arm 0.9 26 2.15 CS7222 100 HPS Hi:X/HPF 20/30 Mast Arm 0.9 28 2.15 CS7232 150 HPS Hi:X/HPF 20130 Mast Arm 0.9 28 2.15 CS7252 250 HPS CWI/HPF 20/30 Mast Arm 0.9 34 2.15 CS7262 400 HPS CWA/HPF 20/30 Mast Arm 0.9 36 2.15 -� CS7213 70 HPS Hi.-X/HPF 22 Mast Arm 0.9 30 2.15 CS7223 100 HPS Hi:X/HPF 22 Mast Arm 0.9 28 2.15 CS7233 150 HPS Hi.-X/HPF 22 Mast Arm 0.9 28 2.15 CS7253 250 HPS CWI/HPF 22 Mast Arm 0.9 34 2.15 _ CA40 CS7263 400 HPS CWA/HPF 22 Mast Arm 0.9 36 2.15 CS7214 70 HPS Hi.-X/HPF 40 Mast Arm 0.9 26 2.15 CS7 224 100 HPS Hi.-X/HPF 40 Mast Arm 0.9 28 2.15 I.. CS7234 150 HPS Hi.-X/HPF 40 Mast Arm 0.9 28 2.15 CS7254 250 HPS CWI/HPF 40 Mast Arm 0.9 34 2.15 CS7264 400 HPS CWA/HPF 40 Mast Arm 0.9 36 2.15 CS7215 70 HPS Hi.-X/HPF 50 Mast Arm 0.9 26 2.15 CS7225 100 HPS Hi.-X/HPF 50 Mast Arm 0.9 28 2.15 C_S7235 150 HPS Hi.-X/HPF 50 Mast Arm 0.9 28 2.15 WALL MOUNT ADAPTER f 250 HPS CWVHPF 50 Mast Arm 0.9 34 2.15 400 HPS CWA/HPF 50 Mast Arm 0.9 36 2.15 CA14 Prnduch also available in non-US voltages and SON,for international markets.Consuh rectory for availability and ordering information. 1 •Multi TeD ballast is 120/208r240/217V.Triple-Too ballast is 120/277/347V. 8 1/2- •For Spider MounbstihRe-O-for-S'in Me catalog number. 1203mm1 ` 'Bracket arms ere"included with standard unit.One bracket arm must be ordered for each standard unit(see Accessories). - •EPA is 1.3 with Spider Mourn. - � 'Shipping volume Is 5.50 cu.It.for Spider Mount version. C 0 NOTE:Specifications and Dimensions suhl.n to chmVe witho,n noire. Ughting Customer First Center 1121 Highway 74 South Peachtree City,GA 30269 770.486.4800 FAX 770.496.4801 • S S S S T S Squaw Straight and Square Tapered Steel Ordering Information The following example illustrates the correct way to enter an order for SSS5A2OSFM1XG. The ordering designation is detailed as follows. Catalog Number Logic Shan Wall Mounting Fixture Number a Accede. Din. Thick- Haight Base Mounting Location Arm (around Square Straight Steel at Be" nose (n.) Type Finish Type of Anus Lergth Lug) S S S 5 A 20 S F M 1 X G Bad.' EPA(Sq.FLr Max.Fbnt. Fixture Plate Bon Bon' Hand Net EPA(Sq.FL) 21ft.Abw o Load Incl. Catalog" Mtg. Shan' Square Size Pro). Hole WL At Pole Top Pole Top Bracket Number HL(Ft) Size On.) (In.) (In.) (In.) Size (Lb.) 80 90 100 120 80 00 100 1120 (Lb.) Square Straight steel SSS4A1 OSF 10 4 10% X x 25 x 3 4% 2 x 4 88 28.5 22.1 17.5 11.5 20.3 15.B 12.5 8.2 150 SSS4A15SF 15 4 10% X x 25 x 3 4% 2 x 4 120 17.3 13.0 9.9 6.0 10.9 8.2 6.2 3.7 150 SSS4A10SF 20 4 10% X x 25 x 3 4� 2 x 4. 152 8.5 5.9 4.1 1.7 7.0 4.9 3.4 1.4 200 SSS4A25SF 25 4 10% X x 25 x 3 4X 2 x 4 184 4.7 2.7 1.2 -- 4.0 2.3 1.0' -• 200 SSS5A2OSF 20 5 10% %x 15 x 3 4% 3 x 5 184 15.1 11.0 8.0 4.2 12.6 9.1 6.7 3.5 200 SSS5A25SF 25 5 lox X x 25 x 3 4% 3 x 5 223 9.7 6.4 4.0 -- 8.3 5.5 3.4 -- 200 SSS5A3OSF 30 5 10% N x 25 x 3 4% 3 x 5 254 5.4 2.6 .6' 4.3 2.1 .5' 300 SSS5M35SF 35 5 10% X x 25 x 3 4% 3 x 5 434 6.6 3.4 1.1' 5.9 3.1 1.0' 300 SSS6A25SF 25 6 12X 1 x 36 x 4 5 3 x 5 269 16.0 11.1 7.6 3.1 13.7 9.6 6.6 2.7 200 SSS6A30SF 30 6 12X 1 x 36 x 4 5 3 x 5 317 10.3 6.2 3.3 -- 8.2 5.0 2.6 -- 200 J SSS6M3OSF 30 6 12% 1 x 36 x 4 5 3 x 5 483 20.2 14.1 9.7 4.0 16.1 11.2 7.7 3.2 300 SSS6M35SF 35 6 12% 1 x 36 x 4 5 3 x 5 539 12.5 7.8 4.5 -- 11.3 7.0 4.0 -- 300 SSS6X35SF 35 6 12% 1 x 36 x 4 5 3 x 5 696 19.0 12.9 8.6 3.0 17.0 11.6 7.7 2.6 3DO SSS6M39SF 39 6 12% 1 x 36 x 4 5 3 x 5 597 8.6 4.3 1.4' 7.9 4.1 1.3' -- 3DO SSS6X39SF 39 6 12% 1 x 36 x 4 5 3 x 5 772 14.4 8.9 5.0 13.2 8.2 4.7 -- 300 Square Tapered Steel i STS6A2OSF 20 5.7 x 3.5 10% %x 25 x 3 4% 3 x 5 165 25.6 19.6 15.4 9.6 20.2 15.3 12.2 7.6 400 STS6A25SF 25 6.25 x 3.5 12% 1 x 36 x 4 5 3 x 5 232 19.9 15.1 11.6 6.9 15.9 12.1 9.3 5.4 400 STS7A30SF 30 6.8 x 3.5 12A 1 x 36 x 4 5 3 x 5 285 19.1 14.1 10.0 4.1 13.4 9.8 7.0 2.9 400 STS7030SF 30 6.8 x 3.5 12M 1 x 36 x 4 5 3 x 5 412 28.7 21.2 16.1 10.5 23.0 17.0 12.9 7.5 450 STSIA35SF 35 7,71 x 3.94 IV 1X x 42 x 6 6 3 x 5 385 18.5 12.1 7.6 1.6 14.8 9.7 6.1 1.3 450 STSBD35SF 35 7.79 x 3.94 13% 1 X x 42 x 6 6 3 x 5 553 27.8 20.4 15.5 8.0 22.5 16.5 12.6 6.5 450 STSBA39SF 39 7.79 x 3.5 13X 1X x 42 x 6 6 3 x 5 410 13.7 8.0 3.7 -- 11.1 6.5 3.0 -• 450 STSBD39SF 39 7.79 x 3.5 13% 1 X x 42 x 6 6 3 x 5 589 22.2 16.4 12.1 4.3 18.2 13.4 9.9 3.5 450 1 Catalog number includes pole with 4 anchor bolts with double nuts.BEFORE INSTALLING ANCHOR BOLTS MAKE SURE PROPER ANCHOR BOLT TEMPLATE IS OBTAINED FROM COOPER LIGHTING HEADQUARTERS. 1 Tenon size or machining for rectangular arms must be specified.Handhole is located 180°from single arm. 3 Shaft size,base plate,anchor bolts and projections may vary slightly-all dimensions are nominal. 4 EPA's based on shah properties with wind normal to flat.EPA's calculated using base wind velocity as indicated plus 30%gust factor. t Not recommended. 00 Mounting Options Machining for Rectangular Arms 1 Fixed Tenons(add as suffix) (add as suffa) Designation 0.0. Length Designation Designation LENGTH Number (In.) (In.) Letter&Number Letter&Number Quantity 1 2 2% 4 Lumark/Crouse-Hinds McGraw-Edison &Location' 3 3% 5 M1 E1 Single 9 3 4 M2 E2 201800 M3 E3 3 6 90° M4 E4 4®90° Accessories M5 E5 2®90° A X*Tapped hub' 1 Arm mounting holes located 45°from base holes. a Y'Tapped hub' Convenience outlet'a Finishes a Grounding lug(Max.wire 18 AWG) H Additional handhole and cover-12' F Dark Bronze Powder Coat Q Designer Beige Powder Coat below pole top-90'from handhole a Galvanized S Silver Powder Coat 1 Location is 3'above base-90*from handhole. H Red Powder Coat V Gray Powder Coat 2 Outlet is located 4'above base and on same side I Royal Blue Powder Coat W White Powder Coat of pole as handhole,unless specified otherwise. L Buttercup Yellow Powder Coat X None Receptacle not included,provision only. N Olive Green Powder Coat y Black Powder Coat p Prime Powder Coat PCP Series • Aluminum Wall Bracket Lurininaire Luminaire shall be 12*0 x 23' tall with clear, textured polycarbonate, acorn globe and cast aluminum Luminaire base. Luminaire shall be furnished with a high intensity discharge ballast and socket assembly. Letup Type Abrcury Merst H1pn Prrtsun V r HMtde Sodfum HID Socket Size O HSO L-M50 U-S35 U • 0-M70 �-S50 8-MED t]-1475 0-M100 U-S70 01240 0-H1Q-MOG 0-MI75 U-M150 0-s100 01480 O-11A17S 0-S1S0 Dloy i Wall Bracket Wall bracket shall be all aluminum construction,with a fluted rectangular arm and a fluted cylinder at the --- luminaire center. The wall bracket measures 16' from wall to luminaire center. 8'square mounting plate 6 1/2• (4) 9/16.0 mounting holes 6 1/2• NOTE: Wall bracket and luminaire shall be fumished with a'dark bronze'powder coat finish. All hardware stainless steel.All exterior hardware tamper resistant. • Catalog# PCPW8-CA/DB-CM0DAI7/DB-550/120 date.10-10-s7 "`none 9 ` L-3864B ANTIQUE Street Lamps, InC. P.O.Box 150279 • Austin.Tx 78715.0279 (S12)295.3585 • Fax(512)296-3330 rVTrf11/1�`1 t'11 IIf f11A1T 1 Inl IT Baltimore Series Cast Aluminum Post Luminaire Luminaire shall be 13 1/2'0 x 27' tall with clear, textured polycarbonate, acorn globe and cost aluminum luminaire base. Luminaire shall be furnished with a High intensity discharge ballast and socket assembly. Lamp Type M'rcmy NeW High Pressure vo+teg� V� r Halide Sodium HID Socket Slze 0-M50 O-S35 0/120 _ 0-H50 0-M70 U-S50 tame --- WMED 0-H75 0-M100 O-S70 LY240 U-H100 L-'-M1so O-sloo Oar? O-MOG 0-H175 p_M175 -St50 dro80 Post Post shall be all aluminum construction consisting of a cast aluminum base with a stepped octagonal lower section and tapered and fluted upper section, and a 4'0 fluted shaft with a 3' tenon for crossarm or Luminaire mounting.Anchor bolts are concealed by an 11'square cover. A door is located in the base for wiring access • Anchorage Detail (Tup Stratitxt View) Post base Is furnished with(4) 1/2'0 x IS* hot-dip galvanized r t L-type anchor bolts with Access door 2-minimum projoction lOCatl0r1� etich. 12-3/8'0 bolt circle . 10-1/2'square base plate Set screws 1 V square base cover NOTE: Post and luminaire shall be furnished with a'dark bronze'powder coat finish. All hardware stainless steel.All exterior hardware tamper resistant. Post Height: 12'-0' Overall Height: 14'.3' Base Diameter. 11'SO. Light Center Height: 13'-3' • Catalog# BL12F4/11-CA/DB-EAT20/DB-S15O/208 date- sea s1le: none L-3864A ANTIQUE Street Lamps, Inc. P.O.Box 150279 • Austin. 78715.0279 (512)295-3585 a Fax(512)295-3330 CIENCIA/A l >t< onl c I In-UT P ALL-GUARD APPLICATIONS X Perimeter I.i(ihling. Enlr,ance Walkways, Shoj):)ing Contors, Scliool ffilildln( S, Industrial Plows. t)ock P & Loadino Plallorins. funnel, & Underpasses. CONSTRUCTION FEATURES Housing—Durable die cast aluminum housing and retractor frame. The tens frame is hinged on one side and secured with 2 stainless steel screw latches on the other side. Full silicone gasketing provides weatherproof seal The housing is designed for wall niount• ing directly over a standard 4* oulli:t box. 112" tapped holes on ;irt- Pf0VidUd for MIllihT (.0111.11JI1 CMIll, 019 cast housing -ilion of 141010 CI'll tion, or install, . and refractor frame Refractor 'I he 1011,1( 10f 1', 1!1,lli impact, heat resislant• horo,oli, iii, ...... glass for wide !;pw,td liqhl (10,111hillo'll Reflector -A one pc e ie Metric a(IMIUMI ilIL11111011111 (CfIct 10f works in conjunction With 1110 ftllf,1,1,11 for OptirlIUM CIflC envy and light C01110 d Lampholder—Enclosed porcel,on socket with mogul screw shell for -WS sockets are Separable HID lamps. I hinges Integral ' rated. LPS sock-As art for sinq1t, (,iiti ballast bayonet base lype, lamp -assembly Ballast---Integral hallost %-;iih I 0(I1;-0 rlcnl,,; 11101,111ted d W(Aly 1() ll()tI';1tIIj I r.' Capfive Screw latches ing, I IPF, `0 1 1111111ril(IIII temperature. Lamps---Accom nodales llolol,, and High Pressme SOLIRIM 1,1111fl, 111) 1-) up to 31� walt 400 watt and Lf', Finish --.`;laridofd bak(-()-on i-ii;wim finish is Dark B'Onic. Other available. Borosillcate or All ands aw U L hsied 91&%s,refract Stippled anodized' ..7 aluminum reflector WGI-W4* 18 to— WGII-12W SECURITY LIGHT SPAULDING IVIINI-HUU1 \1 *HL) WALL* UAH[J • ISOFOOTCANDLE CURVES ISOFOOTCANDLE CURVES MRK-100-DX WGII-400M • -LSOIUx DIAGRAM -- INITIAL HORIZ. ISOLUX DIAGRAM _ -- INITIAL IIOR12 FOOTCANDLES FOOTCANOLES 5 5 - MOUNTING HEIGHT - - -- - -- - MOUNTNG HEIGHT • - - - e' 10' 12' 14' 16' 4 - - - - e' 10' 12' 14. 16. 3 -- _ A 36 2.3 1.6 1.2 .90 3 _ - A 67 43 30 22 17 - - - 8 1.8 1.2 .80 .60 .40 - - B 45 29 20 Is 11 2 - - - C .90 .60 .40 .30 .20 2 - - - c 34 22 15 11 e4 1 DI C g A D .50 .30 .20 .15 .10 G F E 0 B A D 22 14 10 73 56 1 - - _ - E .20 .15 .10 .08 .06 _ E ►I 72 5 37 28 0 - - - - F .09 .06 .04 .0.3 .02 0 - - - F 45 29 2 16 1 1 - - - - G .05 .03 .02 .01 .01 - - - -- - G 2'2 1.4 1 .73 $6 3 2 1 3 2 1 MRK-150-HPS-C WGII-400HPS GOLUX DIAGRAM INITIAL HOR12. ISOLUX DIAGRAM INITIAL HORIZ FOOTCANDLES FOOTCANDLES - - - -" "- - MOUNTING HEIGHT MOUNTING HEIGHT 4 - - - e' 10' 12' 14' 16' 4 - - a' 10' 12' 14' 16' 3 - - A 15 10 8.9 5.1 3.9 3 A 67 43 30 22 17 8 7.85.03.42.51.9 8 45 29 20 1s 11 2 2 - - - c 3.1 2.0 1.3 1.0 .7e - c 34 22 15 11 84 D 1.5 1.0 .69 .51 .39 D 22 14 10 7.3 56 E .78 .50 .35 .26 .20 _ E A E 11 7.2 5 37 2.6 0 - -- - F .31 .20 .14 .10 .08 0 F 4.5 2.9 2 IS 1.1 • - - - - - G .16 .10 .07 .05 .04 0 2.2 1.4 1 .73 .56 3 2 1 3 2 1 RATIO = DISTANCE ORDERING INFORMATION MOUNTING HEIGHT LAMP ORDERING ---1 WTi This report has been prepared in accordance with IES guides on WATTAGE - NUMBER I-LBS testing procedures. It is representative of luminaires tested under WALL-GUARD I standardized and stabilized laboratory conditions. Various operating - - - --�- -- -- fact-scan cause differences between laboratory data and actual field METAL HALIDE -- performance. SOW WGI.50M --- _- 23 ORDERING INFORMATION _70W -WGI.70M_ 23 ORDERING WT./ 100W WGI.100M 24 LAMP WATTAGE 175W WGI.175M 24 NUMBER LBS. _ -- ---� - 250W WGIM ?6 --- --. MERCURY_ _ VAPOR .250 _- ._-._�. 75W MRK•75•DX' 9 HIGH PRESSURE SODIUM -100W_-- _ MRK-100-DX 10 35W WGI.35HPS 23_ METAL HALIDE 70W - WGI.70HPS 23 - - --- - MRK-70•M W 9 100W GI.100HPS 24 70W 1100W -- - MRK-100-M 10 150W WGI.150HPS 24 - - --------- " - -- -'_ 250W WGI.250HPS 26 HIGH PRESSURE_ _SOD_IU_M _...-. 50W MRK•50•HPS 9 LOW PRESSURE SODIUM - - _70W MRK-70-HPS 10 iew WGI.IBLPS - 100W --- --MRK-100,HPS 11 _35W WGI_35LPS --- 22- - 150W _ MRK-150•HPS 12 WALL-GUARD 11 OPTIONS METAL HALIDE DESCRIPTION- N_._ ORDERING NUM 50W WGII.250M 29BER 2 L_ :: - - - -- - Mufti-Tap Ballast(120.208.240.&277V) 40OW _ --WGII.400M_ -_ _32 • -See Note Above - --- Suffix"MT" HIGH PRESSURE SODIUM-_ _-- Photoelectric Control(120V to 277V) Suffix"PC" 250W WGII.250HPS 29 NOTE:Standard Ballast Voltage Is 120 volt with normal power factor (NPF) 40OW _WGII.400HPS______ 32 ballast.Optional Mufti-tap ballast (Minh power factor-HPF)is available -- - except in 75 wail Mercury Vapor and 50 watt HPS. NOTE:Specify ballast voltage 120,208.240.or 277.480v available In WGII only Standard color is Dark Bronze(DB). OPTIONS SPAULDING [DESCRIPTION __-- ORDERING NUMBEn Photoelectric Control Add Sulfix PC ILllllglnlWlllf\ R-i 0 P + Ouartz Standby(50W) - -----Add Suffix'OZ' • xmll -A• •IOU ' • IMPORTANT CONSIDERATIONS COLORS(Painting/Coaling)—Painting or coating the rack will result in a maintenance problem,as no coating will withstand the abuse of the bicycles. Powder coating cannot be mainfenanced;an enamel finish will chip.A A A RIBBON"Rack Co. has the best solution where color is essential. Please contact us to find out how to achieve an appropriate color with a minimum of maintenance. MATERIALS—Steel tubing or aluminum are not suitable materials for a bicycle rack. Pre-galvanized material will flake and crack during manufac- ture. A A A RIBBON` Rack Co. uses heavy-duty steel pipe,hot-dipped gal- vanized after fabrication to provide security and durability. MANUFACTURE—Hydraulic bending with a mandril,as used by A A A RIBBON`Rack Co., insures smooth and aesthetic curves on The RIBBON' ,Y Rack. Press bending leaves an indentation;other methods flatten outer curves and crimp inner curves. "IF IT'S NOT AN ORIGINAL'RIBBON'RACK,IT'S NOT AN ORIGINAL" r nn _95/e"_ 327/s" 351 • 24.4 cm 83.5 89.5= :.N r SURFACE FLANGE _ MOUNT GROUND LEVEL Model Number M of Bicycles Rack Lenglh RB 05 5 38.375" 97.5 cm RB 07 7 62.375" 158.4 cm INGROUND } 12• RB 09 9 86.375" 219.4 cm ANCHOR MOUNT 3 i 1 RB 11 11 110.375" 280.4 cm 7.6 �► 23/a" 6.o General Specifications Specifying/Estimating/Ordering 'RIBBON'and the Brandir International All standard units made from: Please use the following notation: Inc,logo are trademarks of Brandlr ASTM A53 SCHEDULE 40 steel pipe Quantity International Inc.used exclusively by (2.375"OD x.154 wall),hydraulically RIBBON• A A A RIBBON'Rack Co. bent with a mandril,hot-dipped OS galvanized after fabrication. 07 Model Number • Delivery time: Six weeks or sooner 09 (a of bicycles) from receipt of order. Installation methods: 11 F—Freesia inground anchor mount(standard) 1 —Inground freestanding mount (optional& S—Surface For prices and information contact: surface flange mount} extra) G— A A A RIBBON•;Rack Co. S—S Division of: BRANDIR INTERNATIONAL,INC. The RIBBON",RACK is available in 521 Fifth Avenue, 17th floor ASTM A312 SCHEDULE 40 TP 304 I— New York,NY 10175 USA stainless steel,satin#4 finish n I RB I r-1 n n 4C - Overall Landscape Design Guidelines Referenced In: Part 1, Conditions 17, 18 M OMM 112 3 FU GU R-Ism :1 SINCE 1151 P. 0. Box 242--, • Bozeman, Nlontana 59715 JEREMIAH P. CAS!-MAN Phone: (405) 537•'�;0;_, March 3, 1998 Revised June 11, 1998 Revised Nlovember 23, 1998 BRIDGER PEAKS TOWN CENTER OVERALL LANDSCAPE DESIGN GUIDELINES The landscape design for Bridger Peaks Town Center creates an entry statement for the North 19th Avenue corridor. Formal interior spaces and plantings are transitioned into the less formal, natural landscape with the use of native plantings. These native plant selections are intended to give the development a sense of unity with the surrounding natural environment. The design provides for seasonal interest and a variety of experiences for center users and community members by providing pedestrian pathways along the streetscape and along the stream to the east (Fai-mer's Canal). The plantings combine with berms and swales to create topographical interest • and to screen and buffer conunercial development,. from surrounding uses. Large plantings provide easy visual identification of entryways. The cohesive nature of the design provides for unification of the project while allowing for a variety of tenants. All plant varieties suggested are to act as a guideline. As ncv.-, improved ctiltivars are developed, appropriate variations from the listed varictic•.s will he accepta')le. ]:cfer to llravJno L,-1 for planting locations and details. The site is divided into the following eight differing areas with respect to discussion on landscaping: y 1. Oak Street Frontage: Important considerations for this area include the requirement for a formal streetscape. This will be provided by the formal arrangement of Black: Ash (Fraxinus nigra, "Fall Gold') at 50-foot intervals along Oak Street. To the inside (north) 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 (Popirlits treaudoides), Tatarian Maple (Ater tatarica), Amur Maple (Ater ginnala), and natural groupings of large shrubs including Red Twig Dogwood (Corpus sericiea), Vibumums (Viburnum trilobum & V. lantana), Cotoneaster (Cotoneaster lucidw), Lilacs (Syringa species & hybrids), and Spreading Junipers (Juniperus sabina, Juniperus hori_ontalis and Juniper:rs scopulorum species and cultivars). Mown turfgrass would flow over and around these • plantings. The pedestrian pathway would wind through this greenway with the plantings Page 1 of 4 L • and berms creating a variety of visual experiences for path,,vay users. Golden Willow (Solis alba,"Vitcllina') might be used along the southeast corner, near the stream (Farmer's Canal) 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, location of utilities, and maximum screening for the adjacent residential development (the Covered Wa,on Mobile Home Park). 2. Tschache Lane Frontage: The access frontage along Tschache Lane will be treated in a similar fashion to the Oak Street frontage, using similar materials and a formal streetscape tree arrangement. I North 19th Avenue Frontage: The North 19th Avenue frontage will be similar in appearance to Oak Street with a pedestrian trail and the use of berming, trees and shrubs to create screening. The theme created along Oak Street would be continued between the parking lot and the trail. However, the use of shallow drainage swales and storm water detention/retention areas will add another dimension to the topography along North 19th Avenue. The frontage on the street side of the trail 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 the following species (riparian zone species are asterisked): Green Ash (Froxinus pennsylvanica, "Patmore') 'Qllaking Aspen ':Cottonless Cottonwood (Popirlus hybi cis) Chokecherry (Prunus virginiona, `'Canada Red," a red-leafed form which will provide seasonal interest to these plantings) Buffaloberry (Shepherdia canodensis) Rocky Mountain Juniper (Juniperus scopidorum) Potentilla (Potentilla fridticosa) `Red Twig Dogwood The Oak Street plant palette will be used to carry the planting around the corner to North 19th Avenue and visually tie the two together, with Quaking Aspen and Scctch Pine being the primary visual elements. This selection of plants, which includes the above-noted native riparian zone species, will be used along the drainage svvales and retention areas to re-create the feel of a natural streambank community. 4. Entryways: The main entry off North 19th Avenue and the secondary entrances off Oak Street and • Page 2 of 4 i • fschache Lane will be signified by large mass plantings of shrubs and Clump Birch (Betulo papyrifera). Clump Birch, a native tree; was selected in part due to its success tinder adverse conditions at the current Safeway store on `Vest Main Street, and also because it ties in nicely and relates well to the natural plantings planned along the street frontages. The feel of these compositions would be that of a naturally structured planting leaving more formality than the corridor plantings to allow for the introduction of built elements such as signage, but \vith a relaxed, natural feel to the overall layout and arrangement. Shrub plantings will include Purple Leafy Plum (Pi-units x cistena), Potentilla, Dwarf Highbusll Cranberry (Viburnum trilobilm, "Compactum'), Spirea (Spu-aea x buinalcla, `'Gold Flame" and `Norman'), Dwarf Korean Lilac (Syringa ineyeri, "Palibin'), Alpine Currant (Ribe.s• olpin►on), and a variety of spreading junipers (Juriperus sabina species and cultivars,Juniperus horiZontalis species and 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. 5. Storm Water Detention/Retention Areas: Areas designated for storm water detention/retention will be treated in a similar fashion across the site. Plant materials designated for use in these areas are described above • under "\Torth 19th Avenue Frontage," especially those identified as riparian zone species. 6. Pedestrian Use Areas: Pedestrian access is provided throughout the development. Concrete walks are provided along North 19th Avenue and Oal: Street «ith lateral extensions into the site. A less formal path is provided along the Farmer's Canal stream corridor. All vehicular/pedestrian intersections will be marked with changes in paving materials. A large central pedestrian plaza, located in front of the buildings at the east end of the North 19th Avenue entrance, ,;ill provide a unique space for center visitors. This plaza will incorporate public use facilities such as benches; tables, and sitting areas. The plaza will be defined with a combination of colored and textured concrete paving treatments. Larne planters and trees installed in grates will separate and define this outdoor.space. Trees, planters and colored concrete paving will extend along the entire shop frontage. Pedestrian use areas areas.will incorporate the same plant materials as described above under"Entryways." Swedish Tower Aspen (Populus trenuda, "Erecta') will be used in the plaza areas as a vertical element. 7. Interior Parking Lot Islands: Page 3 of 4 0 • • The larger interior landscape islands will be signified by large mass plantings of shrubs and Clump Birch (Betula papyrifera). The smaller interior landscape islands will be planted with deciduous, canopy trees such as Redmond Linden ('ilia x euchlora, "Redmond') and Thornless Honey locust (Gleditsi-a triacanthos•, var. ir7CIWI s). Groundcover plantings will include spreading junipers, potentilla, spirea, alpine currant and lawn. 8. Building Envelopes: Swedish To%ver Aspen (Popuhts tremida "Erecta') and Clump Birch (Betula pap),rifer•a) will be used in the planting areas adjacent to the large building on Lot 5. Clump Birch was selected in part due to its success under adverse conditions at the current Safeway store on Nest Main Street. The only landscape areas not specified on the landscape plans are the areas immediately surrounding the outlying structures. Individual outlying buildings will be required to install additional foundation plantings to soften and enhance the architecture, and to sufficiently screen service and utilities from other tenants and from the.street. General locations for these plantings are shown on the plan. Materials shall include some of the species used in the overall development, but some variance will be allowed for individual expression and identity. A landscape plan will be required for these pad sites for approval by the development. • Submitted by: Shelly Engler, Landscape Architect Cashman Nursery i A31211040V-NDSCPE.wPD • Page 4 of 4 4D - Proposed Sign Guidelines Referenced In: Part 1; Condition 13 • PROPOSED SIGN GUIDELINES FOR THE BRIDGER PEAKS TOWN CENTER The Vision and Intention for this Signage Proposal Proposed signage is designed to be aesthetically superior in form, efficient in function, limited in quantity and non-interruptive. It is the goal to provide signage which is not only completely compatible with the materials used on the complex buildings (e.g. brick, dryvitt, 40 year metal for roofing), but to actually enhance the overall beautification of the project. We propose to accomplish this through compatible and complimentary designs, materials, lettering, colors and lighting. Lighting is to be limited, diffused and used only where direction is required or aesthetics persuade. All cabinets housing signs will be compatible and conform to the motif of the overall complex. Proposed Signage will be of Three Categories: Pylons. Wall Signage, and Pad Signage Pylons: A single sign with primary tenant/occupant panels will be the main I.D. for the whole complex. There will be secondary monument signs approximately half the size with secondary tenant panels. • The main I.D. sign is shown in attached drawing. The primary pylon and monument will utilize neon highlighted or backlighting to highlight main logo graphics. The pylon and monument are to have a faux standing seam metal roof which will match building construction. Subdued, internal fluorescents will be used to illuminate the `Sridger Peaks Town Center" dimensional letters. The major and secondary tenant I.D. signs will be illuminated by internal fluorescents. The pylon and monument will utilize square tube metal open framework. The support columns will be of brick construction, designed to match the building in the whole complex. There will be a limited number of smaller non-illuminated entrance directionals placed appropriately for pedestrian and traffic control. Locations of exterior and entryway pylon signs are shown on enclosed map. Wall Signage - There are two tykes of wall signs proposed in this package: 1) Primary wall signage will be wall mount, tenant I.D. signage mounted to the individual building walls of the complex. The signs would be custom fabricated aluminum radiused sign cabinets, 6 1/z" deep, with returns painted Matthews acrylic polyurethane to match building color (semi gloss)with 1" black trim cap edges. Perimeter of border is to be painted weathered bronze. Recessed faces will be of aluminum mesh painted light bronze. All cabinet faces are to be of acrylic with surface applied 3M translucent Scotchcal with various colors compatible to the Proposed Sign Guidelines - Bridger Peak Town Center Page 2 building facade. Lighting will be 800MA fluorescent lamps on premium ballasts. Optional tenant wall signage will be of individual illuminated pan channel letters using painted aluminum return, acrylic faces, trim cap and 30 and 60MA neon on premium transformers. All tenant copy will be of a contemporary letter style, with the exception that a nationally . registered trade mark or regional chain letter style, logo and colors may be used. Tenants shall submit scale drawings with specifications and color artwork for written landlord approval.prior to permit application. Examples of proposed wall signs are shown in attached drawings. 2) Secondary wall signage will be provided to efficiently direct traffic. These are to be limited and appropriately placed blade signs--non-illuminated double face bracketed projecting signs. They are to be custom fabricated with aluminum frame with bracket and aluminum mesh background, painted Matthews acrylic polyurethane light bronze (semi gloss). Frames are to be painted weathered bronze with black brackets. Sign panels are to be '/z" Sintra painted color of tenant's choice with surface applied 3M Scotchcal vinyl films. iTenants are to be encouraged to be creative in their use of colors, shapes and graphic applications within the project guidelines and boundaries. Each tenant shall be required to submit scale drawings with specifications and color artwork for written landlord approval. Pad Signage: Each pad owner will utilize wall signs. There will be no free-standing pylon signs allowed within the outlying or pad lots. All tenant signage will be proportionate and relative to the size of each building, be aesthetically and functionally compatible with the whole complex (i.e. be subject to the same design criteria as all other signage) and fully comply with the city code. Imo_ I I , •J y !6` �� r k� ti \ � �4• � •' I I 1 ��s � i� �•tl�� ,"•N.IS2M'�':IL�J• Ti W�4t'3 �.ir:� ,�Vt k'✓P"a.lt�f•�^. �.Px P'� � -1SWiSrT: t' 'Y 'H,��}' »��'+• .1 f yc d '7,�{$1 \ !;"'_S i1r S3"fc1'tt i` a '�• a,.F=tl ,,, ] Et 4" 4-,'. _ .r �y,,tl� -.y }rk .fit , p, rl', ��, K... , yap. /iscY , ,: .f•'`?=k1�. r ..tiS: ;+�'^., .�"�"�<�,�' �'` j <-s�r"'� �•5� � � � .r a h n 9 0 .. st Y'b� a�5�,,C� ,(c�: °,ram`! �'�' }3 �=y, •Y,�f �����} ✓+ �`�""`°� .� uJ3-!�i k' .�'y',h��`���C• f��r, x` dr �„i '�'�'• +} �V<'�` i a�+ • l* Y .4� 1 ,1��u jt;��1 r �&�,�`�-0 hl� 5uyy'� ��� rh �rhY ,!'� '�` .ir'••.c: ,. �;,�,,�� v`t.,," �°,;�'�'y .`�I�C . .r+' .,���; � '.�;;� � �• ��tIS < � ..��;y,,r����pj'-=. 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' "" client approval' ••• •• date uea or reproduction are reserved.' :5/27/95 o z • w O .� Z o z LL. O .� 0 U z W Q W Z OO Vv Z O � � Z O � M OOL Z U- o" Z J 00 V W ` W ClO 5wJ - FV- z < < O wows o M zz o � � � � -' C� < m } J M �W�y,� _ � zZ6 � Z �LJ COL O = i Q z Z tA = Zi1 ZzZ_ O opw� �C _ < W W mOLpp� � = CW7r OLZ LLL. � Zd � OC� • cAz mQ - - - - - - - ------ < IDE c El • eew a o � ® a Qp oLU 00�0000 00 _ s < o � � wW N U. 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O Z .. ti-- W U W Q 1U OL W w U— « p O N e HELENA 2201 Henderson Ave. MISSOULA 418 Colorado Ave. BUTTE 401 Main St. Helena,MT 59601 Missoula MT 59802 Butte,MT 59701 (406)443-4172 (408)�28-6899 (408)723-4788 • design no. client gRIDGER P AK TOWN designer The proposed ordinances. is subject E 5 OW CENTER J. SCHULLER to local ordinances.Sigygl wiring etanPrimary electric andifl phase. scale location sal 6 hookup by others. NO SCALE - DOZEMAN, MT r0X/51MMON5 This design is the property of the manufacturer and ail rights to its client approval date 5/27/98 use or reproduction are reserved. I Y. r1 CRIM) 1?f�Td>��/ rt. � dLIJ z o Z o ? J J i 5 � LU LU Z qp W oWc og Q L oCS y V Z W ceis � � WNW WWo r-A— Z J W W J � m _ iL < ? J� — N z (5�WTI Me, F-51FM e HELENA 2201 Henderson Ave. MISSOULA 418 Colorado Ave. BUTTE 401 Mein St. (406)443-49 21 MI(406)a�28-6899 2 (408)MT 59701 23 BB design no. client DRIDGER FEAK5 TOWN CENTER designer 5CHULLER The proposed display Is subject to local ordlnencae.Sign wiring etanPPrimary0el�l is and ifinal sae. scale location Sal s hookup by others. NO SCALE DOZEMAN, MT SOX/51MMON5 This design Is the property of the man of and all rights to Its client approval date G/n�/nQ use or reproduction are reserved. :J G ✓V i �T1 59 ,9 if ,W1 li v, //W ,v,v^^JJ udi o �s m 0 Z �r Z H O N� Uj o � 12110 Q o Z N e HELENA 2201 Henderson Ave. MISSOULlA 418 Colorado Ave. BUTTE 401 Main St. Helena,VT 59601 Missoula MT 59802 Butte MT 59701 (406):443-4172 (406)'9-6899 (406172374788 AWOL The proposed display la sublect design n0. client BIZI DEER PEAKS TOWN CENTER designer t,local ardinancee.Slgm,wldng J. SCHULLER standard 120/240 V single phase., scale location - 8al 8 Primary oku elecpbytricothe andtlnre. ai NO SCALE BOZEMAN, MT SOX/SLMMONS Iro We design is the property of the manutaeturer and�aI rights to Its .. client approval date use or reproduction are reserved. 5/27/98 �:}}n}_1}nneurrru.••.m}[rrm.rum WE It } if.^ fJ tt^ !1 Z W J � U I j Z to Q U W 1 LLI \ 't— Q z Z U U- 7 z W O ° LU O Z \ cl) W O U ZZ !,Z A.. < / It U i" _ ` � J Ila LU 9iii - OL J J Q LIJ Q"J LL J S 1• -S { ~ J Z Z OW z a) w LL a J in MELENA 2201 Henderson Ave. MISSOULA 418 Colorado Ave. BUTTE 401 Main St. Helena,MT 59601 Missoula MT 59802 Butte MT 59701 (406)443-4172 (406)�/28-8899 (406f 723-4788 The proposed display Is subject design no. client - designer to local ordinances.Sign wiring 5RIDGER �'EAK5 TOWN CENTER J. 5CHULLER etan�mary ele4cctric end angle al scale location Sal a hookup by others. N0 SCALE- SOZEMAN, MT MOX/51MMON5 '%a design is the property of the martufactorer and all rights to Its client approval date 5/27/98 use or reproduction ere reserved. Amok 'Row NW :i72::• : i%ei F3 t,7 O U - Z LU U W Z ' LU W Q • Z Z U LL Z °_- o Lt1 pL W C, � ooz Mi L11 z < � U - Z N M: u.. N J mLLJ :i•Y:::i 1, ' O J J < r LL! Ll_ J LL (n •s. (^ LLLL Q ZLu . Z Q5 M :2 LU -S ?5 iq e u HELENA 2201 Henderson Ave. MISSOULA 418 Colorado Ave. BUTTE 401 Main St. Helena,MT 59601 Missoula MT 59802 Butte,MT 59701 (406)443-4172 (408)�/28-6899 (406)723-4788 The proposed display Is subject design no. client designer to local ordinances.Sign Wring BRIDGER PEAKS TOWN CENTER J. 5CHULLER etendpairmary elec�Mc single phase. scale - location sal s hookup by others. NO ALE DOZEMAN, MT MOX/51MMON5 Thin design is the property of the mam,raaurerand all rights to Its client rve approval data 5/2//98 use or reproduction are resed. i ti. 0 Z dJ W U � o U Lij OL LLI Z LLI ZO21=-- � Z LL UJ LU z � 000 � W (J) LLJIx � U W ,1 < Q � UJ Z }- r^ l~L Q Z p W v Q Z � zz + VJ N z U W In Cn q HELENA 2201 Henderson Ave. MISSOULA 418 Colorado Ave. BUTTE 401 Mein St. Helen@@,MT 59601 Missoula MT 59802 Butte,MT 59701 (406)443-4T72 (406)%28-6899 (406)723-4788 design no. client BRIDGER PEAKS TOWN CENTER designer The proposed ordinances. IsWring subject J. SCHULLER to local ordlnaneea.Sigg ln vddng etandard�mery ele6t ie and fine�e SC81e location Sal a hookup by others. NO SCALE BOZEMAN, MT SOX/51MMON5 This design to the property of the manufacturer and all rights to Its client approval date use qr reproduction are reserved. 5/2.y //98 3 W W E— Q W z = W z LL1 Qw � 'L,• W � W 6 r f {$. t O Z Q �,. � Z a W cs� O N HELENA 2201 Henderson Ave. MISSOULA 418 Colorado Ave. BUTTE 401 Main St. Helene,MT 59601 Missoula W 59802 Butte,MT 59701 (406)443-4172 (406)'/28-6899 (406)723-4788 The proposed dlaplay Is subject design no. client designer to localrdinonSiggnwijec DRIDGER PEAKS TOWN CENTER J, 5CHULLER aten __or ring 1elt0rie aindluneias0. scale location sal s hookup by others. NO SCALE DOZEIvIAN, MT SOX/SIMMONS This design is the property of the manufacturer and all rights to Its client approval date p use or reproduction are reserved. 5/27/95 XHIBI C f5th ,gV�N�E PAGE 1 1 � t Reviewed & Hpproveu For B Zoning of Bozeman Mnce Planning Corn unity" ev lopm7f/q Date a� a � 1 1 � j o PRIMARY MULTI-TENANT GROUND 51GN 1 5ECONDARY MULTI-TENANT GROUND 51GN © PRIMARY CENTER ID/BUILDING 51GNATURE F— o® INTERNAL LOT TRAFFIC DIRECTIONAL5 D W w Q n-- o w Q u � +, OPTIONAL Q LOCATION 1 � " / Np�.�H h AVENUE BP,,IIDGEP., PEAKS T 0 W N C E N T E R SITE PLAN 01111a 101 E. MAIN, SUITE F, BOZEMAN, MT 59715 Sg 111A1�01'IICS PH. 406-587-8580 FAX 406-589-7235 N � LU a � C4 L N 200 1 2 z LU Z • W p Q a � mLL U W O H 00 0U)0 (n 1 z zoo a ' 0 LU oa Q 4 r r ?,. s r c <;•y i}'t r a+v^' r .a -•i-•.'t ..!• vu z. 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TI DO Xm • � z x u,- • 00 y to V V1 \I ^ W to v, � { D � PAGE 4 0 5TANDING SEAM METAL ROOF MATCH BUILDING NEON HIGHLIGHTED AND BACKLIT 28" "PEAK5"GRAPHIC OR LOGO A 30" BRQDGE PEAK DIMEN51ONAL LETTERS: NEON HALO TOWN CE N T E R AND INTERNAL ILLUMINATION �E== METAL SIGN CABINETS 22° NEON HIGHLIGHTED AND 6ACKLIT PEAKS GRAPHIC OR LOGO BIDGEPEAK DIMENSIONAL LETTERS:NEON HALO 4'-0" MAJOR TENANT ID/ INTERNAL ILLUMINATION 2� AND INTERNAL ILLUMINATION T O W N C E N T E R li FOOD 8c RUG CENTERS O00 METAL SIGN CABINET5 -TENANT ID/INTERNAL ILLUMINATION ��� ❑ 5QUARE TUBE METAL FRAMEWORK (OPEN) SQUARE TUBE METAL FRAMEWORK(OPEN) OLD NAVY 4• 00 LBRICK COLUMN STANCION SECONDARY TENANT DIRECTORY AND CONCRETE BASE/MATCH BUILDING INTERNAL ILLUMINATION ❑O=1 I BRICK COLUMN 5TANCION AND CONCRETE BASE/ MATCH BUILDING SECONDARY FREESTANDING ID/TENANT DIRECTORY 54 5QUARE FEET OF SIGNAGE 27-0" ❑000❑ �:= O.A.H. .. IMARY MULTI-TENANT GROUND 5IGN < 05ECONDAKY MULTI-TENANT GROUND i PRIMARY FREESTANDING ID/TENANT DIRECTORY 145 5QUARE FEET OF 51GNAGE P***'61. B IDGE PEAKS 4 T O Vn N CENTER 101 E. MAIN, SUITE F, BOZEMAN, MT 59715 yontananworks PH. 406-587-8580 FAX 406-589-7235 ii p_�NIc11�;711+1.. 4J I � ■rn�1�Irlt �I F: \ ONO 1 � i■�s' � r rirr, � y 1, l; /I -■ •• _. .�.r W ' [�r ■ � ►����j�11�e�1 73 • m z m 713 .. a • C_ -_r �. r I The pr000sed display is suh;ect to lacal ordinances.Sign•ni` . t standard 120/240 V single plese. Prlmary elect:ic and F.-.al ha0i:rp.t.., arer r - CENTER SIG.NAGE This design is.he groper is of its n.:anvlaciurc:and a0 righ!s to its use or revroUvcGon are reserved. IScn """0' �w2Sr,►i�n FAGE 6 T5CHACHELANE . . , ..._ � T1T11 (l_(Ti1TT1T(TI i•I I ( 11�'T'f1� i ' LOT 10 oq �.q } _- 41 �YIY 1 ko I �! `°T -N -l +f�-0 SIT'E PLAN MAJOR TENANT BUILDING ID PRIMARY TENANT ID 51GN TO CONFORM TO CENTER GUIDELINES ' 17_ AND JURISDICTIONAL CODES I (p I + I . ' _ PRIMARY TENANT 5ECONDARY SIGN TO CONFORM TO CENTER GUIDELINES AND JRI5DICTIONAL CODES MAJOR TENANT ID 51GN TO CONFORM TO CENTER GUIDELINES LLIa - �. �.. AND JURISDICTIONAL CODES Lu 1til 11TENANT BUILDING ID i I Ilm \ '' �' TENANT ID TENANT/ ...�\\> (,,11+ \, �,�,:•. %� ® 30'+STORE FRONTAGE O ' \ !• \�'� r�_„1 i UP TO4550.FT.5IGNAGE ^cam � \ �I�r 1 z WIN C � \ I x I I TENANT ID ��. `• ' h\\ V ,* , _ « R I 1 1 25'-29 5TORE FRONTAGE UP TO 36 50.FT.5IGNAGE � - TENANT ID wv 16.24'STORE FRONTAGE �^ \` `•`��/ .`'t` �� ` " ' — UP TO 24 50.FT.5IGNAGE LOT 4 - v �,.'K.•.' .�`" — — - - _'_ I _ ,Y (� �_ •_, ._ _ LOT 1 I ® LOT 3 _. —._. ..---• .� 1 !d1 j.illlll.((.11i I W11f Ll(.LI.11111Lf•111.Lllli.t.(bli i _ •- _ _ _ _ _ _ _ _ _- _ _ -. .._ -• _ _ _ ._ _ _ _ �` `` _ B IDGE PEAKS 4 T O VIA' N C L N T E R OAK STREET CW na 101 E. MAIN, SUITE F, BOZEMAN, MT 59715 S gnvWkS PH. 406-587-8580 FAX 406-589-7235 PAGE 7 MAJOR TENANT ID SIGN : TENANT ID TENANT ID 25'-26 STORE FRONTAGE 16-24'5TORE FRONTAGE ..___..�..-....-...->..:.,-.v:.wvw.m.«ura::a..:+3^"Ls"�,"....c^£..7.^+.-..`.,�'.Z:?7,�`vYY�l.�'...sr_TM:..�w en-.«d -J.� �� � .....-�,....._... ...•sw.xrw.+rrti'x•w+z"f..-=1.-.R� -t�..'F .,.....« e.'K t .w.,, ",'-� .c.,• :._y `"°.r`�tt"', p�"',�....�,.. ''y, a......�,,. y ��� � ` .,. k�:..w.i.:::.,.?��,. �-.�..r-„''..-_�..._....;...'',�w...,: ..,.--.l-rL{,.;G;:'�.,::1.^�.::X' ,,.:�dx.''a,:;t .-.w'L -C,,; .w�,..:. ..d 9G T .. ""•„^S "Y^`.•,,. l «.3,h'.°,�"'."' '.`K+r ^q"^c Ott•..-• ;,^� -,•,;�'�^ ^..r.w � ,,...,-. �'-'w "" n. ,,�.,��..-: c .,La,.w.•'r5 'a r ,.,' .-.... r 7: �s l{Sa ,��",.^"'..'��°'..,„,,.,yc ,..,q.�..,..,....�.,,,,. •-••+.•,-.x:_e-•�,-,_ .. �� U' 1' 7i,. t"°.C.'�._.«. ."�.`(k;'."`;F^. '..-„ -..-c.-.•.....,...t .. ♦ :r..._ C.. .-. ..Yr" ":L.�.- .. :-' .1-�.:,'.1s,. , ..r. i, -l' A J_� .✓"? St'1.. J__ � ='S••i �" •<1•-.`C.w'.1.,"T. :•'{:. .L''. - ..i. 1 - .M �� w .K. - :w. o- ..:, t, .'n-.., .. _ ... .._ :. ..- .. .. _-], .:-� :.� _ 'y':� .v%. .",.'rotf`-n..,�...,...• ...-ro.-..,-.F. rp+X.-n.+-..,e--,r -W..- 7.,_- --•. .„ rz;o..,. :.: :. ,. , F. n .: r..5. . ,...:;.. -. .� .. :.. a �: :v t..�, 2 •.-.Ch' - i3 s-.t 10 ._.. }. �. ,...,., ...a•.r Y.,-..... .. ,. .. .. _ rX. �• .. „ `_'G`. •. y;,,.6.+,." .. ca4 .y'. yr-r C. ^ Y 431� T w ` 1 TENANT 4r i 11rc,. i / THE INTENT-OF TH15 SIGN CRITERIA 15 TO CONTRIBUTE TO THE CONTINUITY A5 WELL AS VARIETY OF THE TENANT SIGN PROGRAM AT BRIDGER PEAKS OTYFICAL rING . TOWN CENTER. EACH TENANT SHALL BE ALLOWED AT INDIRECT OR"HALO"ILLUMINATION; LEAST ONE SIGN FOR EACH BUILDING UTILIZING NEON OR INCANDESCENT LIGHTING WALL FACE.THE OVERALL SQUARE FOOTAGE IN COMBINATION WITH METAL LETTERS, OF EACH TENANT SIGN SHALL CONFORM DESIGN ELEMENTS,LIGHTING CHANNELS,ETC. TO THE ALLOWANCES OUTLINED IN THE SIGN "CABINET'SIGNS WILL NOT BE ALLOWED CRITERIA AND JURI5TICTIONAL CODES. EXCEPT IN COMBINATION WITH OTHER ELEMENTS. WE ENCOURAGE VARIETY AND CREATIVITY WE ENCOURAGE THE USE OF DISSIMILAR WITHIN THESE GUIDELINES.ALL SIGNS SHALL MATERIALS AND DESIGNS WITH VARYING INCORPORATE THE USE OF AT LEAST THREE COLORS,FINISHES,LAYERS AND TEXTURES. TYPES OF CONSTRUCTION AND MATERIAL USE. ALL DESIGNS,GRAPHIC LAYOUTS,CONSTRUCTION ALL 51GN5 SHALL BE ILLUMINATED,I.E,- METHODS,MATERIALS,&MOUNTING METHODS B IDGE PEAKS IAS ITE CT ILLUM L OR IBATIOL;SUCH NATION;EXPOSED NEON. TOWN CENTER TO APPROVAL BY BRIDGER PEAKS UTILIZING NEON OR FLOURE5CENT LAMPS ALL 5IGNAGE TO BE DESIGNED OR DESIGN REVIEWED BY, T O Vn Np**6 C L N T E R IN COMBINATION WITH ACRYLIC FACE LETTERS MANUFACTURED,INSTALLED,&MAINTAINED BY �d11a 101 E. MAIN SUITE F BOZEMAN MT 59715 OR DE51GN ELEMENTS. MONTANA 51GNWOKK5 INC. + + yn PH. 406-587-8580 FAX 406-589-7235 PAGE 8 CAN%,ARY WITHIN 50.FT. CUT-OUT WHIP'OFF W PEGGED OFF WALL EXPOSED NEON'WHIP' OPEN PAN CHANNEL LETTERS, . ® dp ALUM.W/BRASS TRIM EXP05ED NEON LETTER LIGHTING SELFCONTAINED TRAN5FORMERS a ` Y 1 CAN VARY (WHERE POSSIBLE) WITHIN 45 50.FLPRIMARY LECTRICAL IN CONDUIT / 1lllljjj y,U` PAN CHANNEL"CAPSULES" SA"TRIM CAP • = • ACRYLIC FACE WITH TRANSLUCENT FILM GRAPHICS y INTERNAL NEON ILLUMINATION FABRICATED METAL CORNICE EMBELLI5HMENT50NLOGO I I ' . . . I TENANT i •' + 5TORE FRONTAGE THE INTENT OF THI5 SIGN CRITERIA 15 TO CONTRIBUTE TO THE CONTINUITY AS WELL AS VARIETY OF THE TENANT SIGN PROGRAM AT BRIDGER PEAKS TOWN CENTER. EACH TENANT SHALL BE ALLOWED AT INDIRECT OR"HALO"ILLUMINATION; LEAST ONE SIGN FOR EACH BUILDING UTILIZING NEON OR INCANDESCENT LIGHTING WALL FACE.THE OVERALL SQUARE FOOTAGE IN COMBINATION WITH METAL LETTERS, OF EACH TENANT SIGN SHALL CONFORM DESIGN ELEMENTS,LIGHTING CHANNELS,ETC. TO THE ALLOWANCES OUTLINED IN THE SIGN "CABINET'51GN5 WILL NOT BE ALLOWED CRITERIA AND JURI5TICTIONAL CODES. EXCEPT IN COMBINATION WITH OTHER ELEMENTS. WE ENCOURAGE VARIETY AND CREATIVITY WE ENCOURAGE THE USE OF 01551MILAR WITHIN THESE GUIDELINES.ALL SIGNS SHALL MATERIALS AND DESIGNS WITH VARYING INCORPORATE THE USE OF AT LEAST THREE COLORS,FINISHES,LAYERS AND TEXTURES. TYPES OF CONSTRUCTION AND MATERIAL USE. ALL DESIGNS,GRAPHIC LAYOUTS,CONSTRUCTION ALL SIGNS SHALL BE ILLUMINATED,I.E.- METHODS,MATERIALS,&MOUNTING METHODS DIRECT ILLUMINATION;SUCH AS EXPOSED NEON. ARE SUBJECT TO APPROVAL BY BRIDGER PEAKS INTERNAL OR BACKLIT ILLUMINATION; TOWN CENTER. UTILIZING NEON OR FLOURE5CENT LAMPS ALL SIGNAGE TO BE DESIGNED OR DE51GN REVIEWED BY, IN COMBINATION WITH ACRYLIC FACE LETTERS MANUFACTURED,INSTALLED,&MAINTAINED BY B IDGE PEAKS OR DESIGN ELEMENTS. MONTANA 51GNWORK5 INC. T O W N C E N T E R 011'ts�na 101 E. MAIN, SUITE F, BOZEMAN, MT 59715 g1111A11r01'�CS PH. 406-587-8580 FAX 406-589-7235 PAGE 9 CAN VARY WITHIN 36 60.FT. CUT-OUT METAL LETTERS SQUARE TUBE METAL FRAME WITH EXPANDED METAL ��i MESH BACKGROUND CUT-OUT METAL LOGO _ V 4'-21/z" cnN VARY METAL CABINET/RACEWAY WITHIN 36 50.FT. SHAPED&DECORATED 00 FLOURE5CENT ILLUMINATED _ TINTED WINDOW FOP, SILHOUETTE LIGHTING METAL REVERSE PAN CHANNEL NEON HALO ILLUMINATED LETTERS 0 HOUSED IN RACEWAY TRANSFORMERS&WIRING PRIMARY ELECTRICAL FEED _ IN CONDUIT SAMFLE OF • •N METHODS NO TENANTi r r o • • o •_ FRONTAGE THE INTENT OF TH15 SIGN CRITERIA 15 TO CONTRIDUTE TO THE CONTINUITY A5 WELL A5 VARIETY OF THE TENANT SIGN PROGRAM AT 13RIDGER PEAKS TOWN CENTER. EACH TENANT 5HALL 6E ALLOWED AT INDIRECT OR"HALO"ILLUMINATION; LEAST ONE 51GN FOR EACH BUILDING UTILIZING NEON OR INCANDESCENT LIGHTING WALL FACE.THE OVERALL SQUARE FOOTAGE IN COMBINATION WITH METAL LETTER5, OF EACH TENANT 51GN 5HALL CONFORM DE51GN ELEMENTS,LIGHTING CHANNEL5,ETC. TO THE ALLOWANCES OUTLINED IN THE SIGN "CABINET'51GN5 WILL NOT BE ALLOWED CRITERIA AND JURI5TICTIONAL CODE5. EXCEPT IN COMBINATION WITH OTHER ELEMENTS. WE ENCOURAGE VARIETY AND CREATIVITY WE ENCOURAGE THE U5E OF 01551MILAR WITHIN THESE GUIDELINE5.ALL 51GN5 SHALL MATERIALS AND DE51GN5 WITH VARYING INCORPORATE THE U5E OF AT LEA5T THREE COLOR5,FIN15HE5,LAYER5 AND TEXTURE5. TYPES OF CON5TRUCTION AND MATERIAL USE. ALL DE51GN5,GRAPHIC LAYOUT5,CONSTRUCTION ALL 51GN5 5HALL BE ILLUMINATED,I.E.- METHO05,MATERIALS,&MOUNTING METHOD5 B IDGE PEAKS • DIRECT ILLUMINATION; L T ILLUMINATION; OWN CENTER.NEON. ER TO APPROVAL BY BRIDGER PEAKS INTERNAL OR DACK T 0 W N C E N T E R UTILIZING NEON OR FLOURE5CENT LAMP5 ALL 51GNAGE TO BE DESIGNED OR DESIGN REVIEWED BY, IN COMBINATION WITH ACRYLIC FACE LETTERS MANUFACTURED,IN51ALLED,&MAINTAINED BY O�11a 101 E. MAIN, SUITE F, BOZEMAN, MT 59715 S OR DESIGN ELEMENT5. MONTANA 51GNWORK5 INC. g PH. 406-587-8580 FAX 406-589-7235 PACE 10 8'-011 • CAN VARY WITHIN 24 50.FT. ALUMINUM CHANNEL 3.4"TRIM CAP `\\ NEON TUBE ACRYLIC FACE p SELF CONTAINED TRANSFORMERS (WHERE P055113LE) PRIMARY ELECTRICAL 3'-0I \\ IN CONDIUT CAN VARY WI IN 24 50.FT. `\\\ ROUTED ALUMINUM PLATE STAND OFF WALL _.._.----•� ACRYLIC BACKING \\ NEON TUBE \\ (ILLUM.:THRU-LETTER &BACKSPLA5PLASH) \\\ — - EXTERIOR FINISH !* SANDBLASTED LOG ENDS TENANT r r • THE INTENT OF TH15 51GN CRITERIA 15 TO CONTRIBUTE TO THE CONTINUITY A5 WELL A5 VARIETY OF THE TENANT SIGN PROGRAM AT BRIDGER PEAKS TOWN CENTER. S. EACH TENANT SHALL BE ALLOWED AT INDIRECT OR"HALO"ILLUMINATION; LEA5T ONE SIGN FOR EACH BUILDING UTILIZING NEON OR INCANDESCENT LIGHTING WALL FACE.THE OVERALL 5QUARE FOOTAGE IN COMBINATION WITH METAL LETTERS, ol OF EACH TENANT 516N SHALL CONFORM OE51GN ELEMENTS,LIGHTING CHANNELS,ETC. TO THE ALLOWANCES OUTLINED IN THE SIGN "CABINET'51GN5 WILL NOT BE ALLOWED CRITERIA AND JUR15TICTIONAL CODES. EXCEPT IN COMBINATION WITH OTHER ELEMENTS. WE ENCOURAGE VARIETY AND CREATIVITY WE ENCOURAGE THE USE OF 01551MILAR WITHIN THESE GUIDELINES.ALL 51GN5 SHALL MATERIALS AND OE51GN5 WITH VARYING INCORPORATE THE U5E OF AT LEAST THREE COLOR5,FINI5HE5,LAYER5 AND TEXTURES. TYPES OF CONSTRUCTION AND MATERIAL USE. ALL DE51GN5,GRAPHIC LAYOUT5,CONSTRUCTION ALL 51GN5 SHALL BE ILLUMINATED,I.E.- METHODS,MATERIALS,&MOUNTING METHODS DIRECT ILLUMINATION;5UCH A5 EXPOSED NEON. ARE 5U5JECT TO APPROVAL BY BRIDGER PEAKS B IDGE PEAKS • INTERNAL OR BACKLIT ILLUMINATION; TOWN CENTER. UTILIZING NEON OR FLOURE5CENT LAMPS ALL 51GNAGE TO BE DESIGNED OR DESIGN REVIEWED BY, T O W N,\ CENTE R IN COMBINATION WITH ACRYLIC FACE LETTERS MANUFACTURED,INSTALLED,&MAINTAINED BY OR DE51GN ELEMENTS. MONTANA 51GNWOKK5 INC. -mol 101 E. MAIN, SUITE F, BOZEMAN, MT 59715 gr1lwi tum no PH. 406-587-8580 FAX 406-589-7235 W -GE ET `� W •�,,,�.� p * IS e f i. r - Alm, aCN- =i9 - � wrnma�dm� t o. —u>uon'm� a ce��ma vo �o °a o m..a SAMPLES OF CONFORMING TENANT SIGNAGE ' � � � . Ery�� ooc°• Nco � � A • • • ,. �, Jl�.r '�' • '9{, �'y �J '! • , ' . y `� � sy � �. �. J .. � '' r i I I PART 5: i Drawings a 0 f� 5A - Certificate of Survey for Lot Line Adjustment Referenced In: Part 1, Conditions 3,4 F CERTIFICAT '' OF. SU y . 1215D RV A Tract of land being Tracts 4A and 4B of C.O.S. 1215A, Located In the NW 1 /4 of _ ._- _=_ ____- - _-• BAXrER LN NST. E LN: Section 1 , T2S, R5E P.M.M. City of Bozeman, Gallatin County Montana PROJECT Owner: PHILIP SACCOCCIA JR. Purpose: Realignment of a Comman Boundary AREA 991 EAST BEACH BOULEVARD PASS CHRISTIAN, MS 39571 \ \ I PHILIP SACCOCCIA JR. Q I 991 EAST BEACH BOULEVARD -CERTIFICATE OF SURVEYOR- DURSTON RD DURSTON RD K \ I PASS CHRISTIAN, MS 39571 TRACT 1 B, COS 1215A 1, the undersigned, Keith S. Belden, A Professional Engineer and Registered Land z \ \ I Surveyor, do hereby certify that. between 199- and 199_, 1 surveyed Bridger Peaks Town Center Subdivision, and platted the some NTS I as shown on the accompanying plat and as described in accordance with the WEST MAIN ST. \ \ - - — --- -- 7S8 �•�� 377 03.- , - AC�E LAKE— __ provisions of the Montana Subdivision and Platting Act, Section 76-3-101 �9 CH through 76-3-625, M.C.A., and the Bozeman Area Subdivision Regulations. 648,D5'- -- -- --- Vicinity Map Dated this day of 1999 No Scale l I i I I — - cal o LEGAL DESCRIPTION ' i I I ' I n Keith S. Belden # 10692 ES � 1 I L I I ) LO Morrison Maierle, Inc. TRACT 2 A tract of land being Tracts 4A and 4B of COS 1215A, located in the I I co COS 1215 NW 1/4 of Section 1, Township 2 South, Range 5 East, P.M.M., City of I I II I I I� PETER K. NELSON- -CERTIFICATE OF COUNTY TREASURER- Bozeman, Gallatin County, Montana, Being more particularly described I I I I I I TRACT 4B- 1 1104 MANDEVILLE LANE a ( I d BOZEMAN, MT 59715 s follows: ( O 1, Jeff K. Krauss, Treasurer of Gallatin County, Montana, do hereby certify that the I C.O.S. 1215A O AND ! accompanying survey has been duly examined and that all real property taxes and Beginning at the West 1/4 corner of said Section 1; I V7 JERRY L. PERKINS AND ,i i special assessments assessed and levied on the land to be subdivided have been paid. I 18.00 ACRES PT LAND V J i Thence along the West section line of said Section 1, North 01'30'57" C/O 225 E. MENDENHALL �{ I East a distance of 1329.85 feet, to the centerline of Tschache Lane; TRACT D 1,n �I I I I I BOZEMAN, MT 59715 Dated this day of 199 C.O.S. 1240E I PREVIOUS j Thence along the centerline of said Tschache Lane, South 89'21'08" GRACE F. FRANCE I N N� I I ( ` SQL. I DIVISION LINE East a distance of 1377.03 feet; JOANN L. CAPE 100 � II -1 \/� \ S 2220 W. MAIN ST. JEFF K. KRAUSS Thence South 00'54'06" West a distance of 536.00 feet; BOZEMAN, MT w ! I _ i REALIGNED TRACT 59715-3972 W BOUNDARY \ F TRACT 3 Treasurer of Gallatin County Thence South 00'56'21" West a distance of 793.47 feet, to the NI I - \ �S COS 1215 centerline of Oak Street; I Q 10 \ \ S PETER K. NELSON II I I J \ \ ��, 1104 MANDEVILLE LANE o y1 (TRACT 4A- 1 I \ S89'56'33"E BOZEMAN, MT 59715 Thence along the centerline of said Oak Street, North 89'21'45" West ! i _ W _3 AND a distance of 1390.77 feet to the Point of Beginning. I - z �I I I C.O.S. 1 21 5A \\ _189.83'F `t JERRY L. PERKINS AND pI I I PT LAND Containing 42.24 acres, more or less, and is subject to all easements 2 1 I I 24.24 ACRES of record. I I n C/0 225 E. MENDENHALL I- h I I ( I I I BOZEMAN, MT 59715 C) I -CERTIFICATE OF CLERK AND RECORDER- Tn -J i j - -� I.h SHELLY VANCE, Clerk and Recorderof I Gallatin County, Montana, do hereby certify V1 Y O that the foregoing instrument was filed •n my office at o'clock, (a.m., or o p.m.), this day of , A.D., 19_, and recorded in Book , of O I I ( I 0o Plats on Page , Records of the Clerk and Recorder, Gallatin County, Montana. 71 o I p O ti C.O.S. 1240E ± i ;I_r -_ t + -- --- -- -_ - _. _ _ � t _ � _ _ _ -- — — -- — -- Clerk and Recorder GRACE F. FRANCE I - - - - - - - - - -- - --�L-_. ---I - - - - JOANN L. CAPE 2220 W. MAIN ST.BOZEMAN, 728.98' OAK STREET BOZEMAN, MT � � 324.68' 337.11' 59715-3972 N89'21'45"W 1390.77' W WEST 1/4, SECTION 1 Q / COVERED WAGON MOBILE HOME PARK ROY T. WALTON FOUND BRASS CAP COVERED WAGON MOBILE HOME, L.L.C. 1319 W. DURSTON P.O. BOX 6160 BOZEMAN, MT BOZEMAN, MT 59771-6160 59715-2726 w Z LEGEND FOUND 1/4 CORNER AS DESCRIBED -CERTIFICATE OF REALIGNMENT OF A COMMON BOUNDARY- I hereby certify that the purpose of this survey is to relocate common -CERTIFICATE OF GOVERNING BODY- boundaries between existing properties and that no additional parcels are OO FOUND YPC MK'D SS&G ENG. hereby created. This division of land is exempt from review as a subdivision 1, Phillip J. Forbes, Director of Public Service for the City of persuant to Section 76-3-207(1)(a), MCA. Bozeman, do hereby certify that the accompanying Certificate of Survey has been duly reviewed, and has been found to conform O CALCULATED POINT, NOTHING SET to the requirements of the Subdivision and Platting Act, Section 76-3-101 et.seq., M.C.A.; and the Bozeman Area Subdivision Dated this day of , 199 Regulations. Dated this day of 119 STATE OF Phillip J. Forbes Director of Public Service, AJOR SON ENGfNEERS ss. City of Bozeman I SCIENTISTS COUNTY OF ) SURVEYORS On this clay of in the year PLANNERS 199_before me, a Notary Public for the State of GRAPHIC SCALE personally appeared r—ri. MA1ERLEJNC- SINCE 1945 known to me to be the person whose name is subscribed An Employee-Owned Co-mpany 200 0 160 200 aoo to the foregoing instrument, and acknowledged to me that executed the some. (1-5-101,1-5-102,1-5-2d3,MCA) P.O. Box 1113 901 Technology Blvd. Bozeman, MT 59718 • Phone: (406) 587-072 Fax: (406) 587-1176 REVISION DATE: 1,/29/98 ( IN FEET ) REVISION DATE: 20 99 1 inch = 200 ft. Notary Public for the State of DRAWN BY: KW DATE: 04/ residing at BASIS OF BEARING My commission expires DRAWING NO.: EAST—WEST MID—SECTION LINE, SECTION 1 CHECKED BY: COS—RELO1.DWG CERTIFICATE OF SURVEY NO. 1215 JOB NO.: 3121.001 SHEET 1 OF 2 _v_'1RT1F1CAT- .-, OF SURV Y 121 -5 D A Tract of land being Tracts 4A and 4B of C.O.S. 1215A, Located in the NW 1 /4 of --- Section 1 , T2S, R5E P.M.M. City of Bozeman, Gallatin County Montana PUBLIC WATER AND SEWER Owner: PHILIP SACCOCCIA JR. Thence North 89'56'33" West a distance of 139.15 feet; 991 EAST BEACH BOULEVARD Purpose: Realignment of a Common Boundary ACCESS AND UTILITY EASEMENT PASS CHRISTIAN, MS 39571 Thence North- 4456'17" West a distance of 369.00 feet; Commencing at the West one-quarter (W 1/4) corner of Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, Thence South 50*53*02 West a distance of 35.26 feet; i EXISTING 30' PUBLIC Thence along the East-West mid-section line of said Section 1, Thence North 39'06'58" West a distance of 31.00 feet; EXISTING 50' PUBLIC South 89'21'45" East a distance of 191.46 feet; STREET & UTILITY STREET & UTILITY 60' PUBLIC STREET & Thence North 50'53'02" East a distance of 41.51 feet; \ ESMT. 98FM86 � ESMT. 98FM91 UTILITY EASEMENT Thence North 00*3815" East a distance of 80.00 feet, to the North ?FM? +_ right-of-way line of Oak Street, the True Point of Beginning; Thence North 00'03.27" East a distance of 448.10 feet; 30' - Thence North 00'01'39" East a distance of 178.00 feet; Thence North 89'56.33" West a distance of 140.00 feet; TSCHACHE LANE 30' ` Thence North 89'58'21" West a distance of 9.30 feet; Thence South 0(r03'27" West a distance of 8.52 feet; - - - - - -- - - _ v L20 - � � 31'-TJ71L11Y -�--- Thence North 00'01'39` East a distance of 31.00 feet; Thence North 89'56'33" West a distance of 31.00 feet; I 10' PUBLIC -- - -- - - ( i _J EASEMENT _j Thence South 89'58.21" East a distance of 9.30 feet; Thence North 00'03.27" East a distance of 8.52 feet; UTILITY EASEMENT _ _�_ _ _ _S_89'56'33" E 378.97' _ _ -I f�50 RADIUS TEMPORARY - r J I CUL-DE-SAC Thence North 00'01'39" East a distance of 371.69 feet; Thence North 89'56'33" West a distance of 176.96 feet; N89'56'33"W- - -N89'56'33"W- I b I Thence North 88'59'02" West a distance of 152.50 feet, to the East Thence South 00'O1'39" West a distance of 362.72 feet; 1 wl 176.96' �L --A140.00' I i right-of-way line of North 19th Avenue: MI 0 I L40 I I I Thence North 65'34'03" East a distance of 161.68 feet; ,n ( Thence along said East right-of-way line, North 01'30'57" East a 60' PUBLIC STREET & a I-' distance of 31.00 feet; Thence South 2425'57" East a distance of 31.00 feet; I ' I ` o �n I PUBLIC UTILITY EASEMENT' o ?FM? I I b Thence South 88'59'02" East a distance of 131.41 feet; Thence South 65'34'03"West a distance of 175.79 feet; I Z I L1I ( I -..� 10, PUBLIC I Thence North 00'01'39" East a distance of 28.48 feet; Thence South 00'01'39" West a distance of 165.17 feet; (�- UTILITY EASEMENT 14 I 1 Thence South 89'58'21" East a distance of 20.28 feet; Thence South 73'35'05» East a distance of 172.39 feet; IN 1 C I TRACT 4B-1 IS SUBJECT TO I � Thence North 00'01'39" East a distance of 346.46 feet; Thence South 16'24'55" West a distance of 31.00 feet; i L16 I 0 -' J THE STORM WATER EASEMENT M 1 25' PUBLIC I I - *"",3 I AGREEMENT AT FM Thence North 89'58'21" West a distance of 9.53 feet; Thence North 73'35'05" West a distance of 163.27 feet; 06 STREET & I 1 �1 �1 Thence North 00'01'39" East a distance of 31.00 feet; Thence South 00'01'39" West a distance of 544.54 feet, to said r" I UTILITY w NI iy I North right-of-way line of Oak Street; EASEMENT I I o I 07 N I nj� Thence South 89'58.21" East a distance of 9.53 feet; 1 I 98FM89 ( I op i�I oI N Thence along said North right-of-way line, North 89'21'45" West a 8� 168FM3073 I 10 N o I Thence North 00'01'39" East a distance of 151.50 feet; distance of 31.00 feet, to the True Point of Beginning. V)I i II I 14:1 1 31' UTILITY 01 Thence South 89'56'33" East a distance of 378.97 feet; Containing 2.96 acres, more or less. �� I (D I EASEMENT o 4 zI 1Ln Thence North 00'03'27" East a distance of 46.34 feet to the South LINE TABLE WI I \b'\'/ I J J right-of-way line of Tschache Lane; �1 I a,I 1 p� / 6 I LINE BEARING LENGTH 31' UTILITY I Thence along said South right-of-way line, South 89'21'08" East a W I I I I N i EASEMENT l�- distance of 31.00 feet; L10 N89'58'21"W 9.30' o1 V i 1�5 �1 L11 N00'01'39"E 31.00' Thence South 00'03'27` West a distance of 201.82 feet; 1 I o hOS^� I cvro l L12 S89'58'21"E 9.30' i III zI �s65� I �� PREVIOUS Thence South 89'56'33" East a distance of 17.60 feet; L13 NO1'30'57"E 31.00' o I DIVISION LINE L14 No0'01'39"E 28.48' V)I Thence South 00'03'27" West a distance of 31.00 feet; L15 S89'58'21"E 20.28' � I ! 1 PUBLIC L16 N89'58'21"W 9.53' I 1 ) UTILI EASEMENT Thence North 8,Y56'33" West a distance of 17.60 feet; co �� L17 NOO'01'39"E 31.00' Thence South 00'03'27" West a distance of 129.87 feet; L18 S89'58'21"E 9.53' \ \ \ STREAM GREENWAY SETBACK LINE Thence North 9o:0ob0", East a distance of 24.28 feet; L20 S89'201'OS"E 311.00' S8 59'02"E I \�' 35 EACH SIDE OF TOP OF BANK Thence South 00 00 00 West a distance of 31.00 feet; L21 S89'56'33"E 17.60' 1- - - - - o WI 1 31.41' 10 \�S L22 S00'03'27"W 31.00' r I J i , V) \ \ � I Thence North 90'00.00" East a distance of 24.31 feet; L23 N89'56'33"W 17,60' - L�J I- Il-7 II IN88'59'02"W 152.50' S 3.3 \ A Thence South 00'03'27" West a distance of 131.82 feet; L24 N90'00'00"E 24.28' I I �'Qs" REALIGNED TRACT \ems L25 S00'00'00"w 31.00' (� 10' PUBLIC I r ` ��''2.3 BOUNDARY \S�j \ Thence South 44'56'17" East a distance of 324.52 feet; L26 ` 9' \ \ F� N90'00'00"W 24.31' I I UTILITY EASEMENT i 1 /V73.35 Qsry \/y \ Thence North 45'03'27" East a distance of 12.99 feet; L27 N45'03'27"E 12.99' H� W v \ \ L28 S44'56'33"E 31.00' ram, III I I i �6,. �� \9\Q, \\\ Thence South 44'S6'33" East a distance of 31.00 feet; L29 S45'03'27"W 12.99' I 131' UTILITY I 10' PUBLIC EASEMENT \ Thence South 45'03'27" West a distance of 12.99 feet; L30 S44'56'17"E 8.65' r I i I �1 1 \\ �0 UTILITY EASEMENT L31 S0o'51'37"E 31.00' rl I I Y Thence South 44*56'17" East a distance of 8.65 feet; L321 S00'00'00"W 9.90' 157.46' Thence South 89'56'33" East a distance of 157.46 feet; L33 N90'00'00"W 14.05'L34 N89'21'45"W 31.02' l I I \-- - - - - - - Thence South 00'03'27" West a distance of 193.36 feet; L35 N22'30'00"E 31.00' Q III N89'56'33"W 139.15 i L36 S50'53'02"W 35.26' Thence North 90'00'00" East a distance of 99.14 feet; L37 N39'06'58"W 31.00' I I I I II I I I I Thence South 00'51'37" East a distance of 31.00 feet L38 N-C o 50'53'02"E 41.510 ' 11 I (� I oI m 1 i L39 S00'03'27"W 8.52' z r� I� Thence North 90'00'00" West a distance of 200.28 feet; 0I 1 N 1 L40 N89'56'33"W 31.00' I = II I I I S I oI tD I o. I Thence South 00'00'00" West a distance of 9.90 feet; L41 N00'03'27"E 8.52' I 50' GREENWAY I I� I v 6�3, I z1 L42 S2425'57"E 31.00' I0 1 QQ„ I � Thence North 90'00.00" West a distance of 14.05 feet; L43 31.00'0 EASEMENT I I E N 90'00'00" E 286.53' I N90?00�00"E' Thence South 01'39'00" East a distance of 205.44 feet, to said L44 N89'21'45"W 31.00' I I 1 I I o 6�3 - - _ - - - - - - - - - _ J (_ ^ :- - - North right-of-way line of Oak Street; 1 1 I o Q QO�y� 99.14' 1 I I L 1 47•�0 ` - - - - - - -1 �r�+ - - - - - - -i-- = - -lf distance Thence ofalong1.02 eet said th right-of-way line, North 89'21'45" West a ,� GRAPHIC SC 11000E 200 N9TOO'00"W 177.66' rJ� N90'00'00"W 20p.2$' 120' 1 N.19th J� 1 I 1 433 Thence North 01'39'00" West a distance of 215.00 feet; + 1 EASEMENT L10 1 31' UTILITY 1 01 EASEMENT o I � Thence North 90'00'00" West a distance of 177.66 feet; ( IN FEET ) 1 inch = 100 ft. o I I o qI w Thence North 67'30.00" West a distance of 141.70 feet; Ll I i ( 1 Iw ENGINEERS 25' DRAINAGE EASEMENT o ICO MORRISON 1 o I Thence North 22'30'00` East a distonce of 31.00 feet; SCIENTISTS wI 149FM910 0 0 1 I am I I 1�, i Thence South 6T30'00" East a distance of 135.54 feet; SURVEYORS I60' 1 I MI 1 10' PUBLIC I ;1 IN PLANNERS P• •B. UTILITY EASEMENT - o I Thence North 90'00'00" East a distance of 286.53 feet; I E R L EINC.- feet; ' SINCE 1945 - --al -- - - -- - - - - - - - - - - -- I Thence North 00 00 00 West a distance of 162.39 fe An ETnployee-Owned Co7npany _1 � et, �-60 -�I I - -L I I T- - P.O. Box 1113 901 Technology Blvd. Bozeman, MT 59718 • Phone: (406) 587-0721 fax: (406) 587-1176 I WEST 1/4, SECTION ONE i L44 50' GREENWAY T L34 �i L REVISION DATE: 12/29/98 FOUND BRASS CAP I EASEMENT REVISION DATE: I f, 80' I BASIS OF BEARING N00-38'15"E _/ I + DRAWN BY: KW DATE: 04/20/99 80.00' OAK STREET EAST-WEST MID-SECTION P ---------� j LINE, SECTION 1 DRAWING NO.: OINT OF S89-21'45"E, 191.46' 20' DRAINAGE EASEMENT CERTIFICATE OF SURVEY CHECKED BY: COS-REL02.DWG COMMENCEMENT - - - _ - - - 162FM4046 No. 1215 - - - - - JOB NO.: 3121.001 SHEET 2 OF 2 5B - Final Plat Referenced In: Part 1, Conditions 3. 4 r THE FINAL PLAT CERTIFICATE OF SURVEYOR OC I,the undersigned,Keith S.Belden,A Professional Engineer and Registered Land ff Surveyor,do hereby certify that between 199"and PHASES ® �`/ rr 199_,I'surveyed.Bridget Peaks Town Center Subdivision,and platted the s / ■■ ®® �' O■ as shown on the accompanying plat and as desc b d n coonaccordance-3 with the e .provisions of the Montana Subdivision and Platting Act Section 78-3-101 through 76-3-625,M.C.A.,and the Bozeman Area"Subdivision Regulations. BRIDGER PEAKS TOWN CENTER SUBDIVISiON Dated this day of 1999 TRACT 4A-1 OF, C.O.S. 1215D LOCATED 1N THE NW 1/4 OF SEC. 1, Keith S Belden p,o692 Es TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA Marclso°-Maie"°'1 OWNERS: I ENGINEER PURPOSE: CERTIFICATE OF COMPLETION OF IMPROVEMENTS TRACT 46-1, COS 12150 TRACT 4A-1, COS 1215D MORRISON-MAIERLE, INC. TO CREATE ELEVEN COMMERCIAL LOTS TRACT i8, COS 1215A BRIDGER PEAKS L.L.C. 901 TECHNOLOGY BLVD. L Harold D.McNee Jr.,of Bridge,Peaks,LL.C,and 1,Keith S.Belden,a PHILIP SACCOCCIA, JR. P.O. BOX 16101 Registered Professional Engineer licensed to practice in me State of BOZEMAN, MT $9715 Montana,do hereby cert'f that the following'm rovements required as 991 EAST BEACH MISSOULA, MT 59808 Y VV \ l conditions ( p I of Phases I and II f Sr-ger Peaks Mown Genler Subdivision, PASS CHRISTIAN, MS ,39571 nave been of n conformance with the approved plans and specifications. CERTIFICATE OF DEDICATION - Pwua saccoeelA JR: water,Sewer,Dro,age,Tschoche Lane,Oak Street wldenirg 1,the undersigned pop ty owner,do hereby certify that I have caused \ p \ I _ 991 EAST BEACH BOULEVARD _ North 191h deccelerat on,Acceleration lanes,Signalizalian f Oak at 191h, to be surveyed bdhided and platted into lot%streets and common space \ t;\� I PASS CHRISTIAN,MS 39571 ,�i Sidewalks and/or Tra1s s shown by theplat hereunto Included,the following described tract of '. TRACT 18,COS 1215A land,to wit: O \ The,subdivider hereby warrants gams[defects in.these improvements for a -N- _ _ _ _ _ _ _ _ p toe f e year rom this dote. A tract of land being Tract 4A of Certificate of Survey No. 1215D, �� I -! - - - - - - - - - The subdivider 99 is possesslon of all public Infrastructure Improvements TSCHACHE LANE 30' - to the City of Bozeman,and the Clty hereby accepts possession of all located in the NW 1/4 of Section 1,Township 2 South,Range 5 East, ` p v 1 7.03 _ public infrastructure improvements,subject 7 the above indicated warranty. S 9'21' 8"E, 13 P.M.M.,City of Bozeman,Gallatin County, Montana, being more W. I , ' S8Q'21 08 E 87Z.75 particularly described as follows: �� • .589'21 08 E �� 1 LINE TABLE r -187.91- - - - - - - - LINE BEARING LENGTH Beginning at the West one-quarter(W 1/4)comer of said Section 1. 1 m } I, Ll N00'03'27'E 39.34 _ I ( I Bridget Peaks L.LC. ri 1 I ~�R50' RADIUS TEMPORARY L2 S89'44'20'W 18.51 Harold D.McNee Jr.,President Date Thence along the West section fine of said Section 1, North 01'30'57" 1 `V ' L3 S44.56'17'E 35.47 } I CUL-DE-SAC H&s Financial corporation East a distance of 1105.94 feet,to the easterly right-of-way line of I L4 N00.03'27'E 72,64 Managing North igth Avenue; 1 1 I n I - gmg Member � I I LS S00'03'27'W 72.20 Thence continuing along the West section line of said Section 1,North 1 Z', `o' I} LOT 10 !'� L6 S01'34'18'E 25,29 01'30'57"East a distance of 223.91 feet,to the centerline of Tschache l 0 1 ['' 1 42,088 sq.(t. o'� I L7 S44'56'17•E 45.41 Lane; A y1 I ( 0.97 acres o�. - i LB N00'37.26'W 25.88 I z Thence along centerline of Tschache Lane,South 89'21'08"East a Keith S.Belden g10692 ES Date i 1 ` ' distance of 577.75 teal; Thence South 03'27'West a distance of 521.27 feet; 7 4 s I ( ' y )I NBg'5fi'33'W P m - TRACT 48-1 IS SUBJECT TO Director of Public Services Date 00' Thence South 44'56'17"East a distance of 355.88 feet; I I i I ie2.27' LOT 11 i ry THE STORM WATER EASEMENT o I i 174.829 Eq.it - AGREEMENT AT FM Thence South 89'56'33'East a distance of 189.83 feet; I ' I I 4.01 acres i 'o CERTIFICATE OF COUNTY TREASURER Thence Due South a distance of 531.20 feet.to the centerline of Oak I 1 j I I i 'O 1,JEFF KRAUSS,Treasurer f Gallatin County,Montana,do hereby s d I LOT 9 I ,,, certify that the accompanying Street: I I" L y plat has been duly examined and la I 38,165 aq.ft. n I TRACT 2 that oil real property taxes and special assessments assessed 'w 0.83 acres P I C.O.S. 1215 and levied on the land to be subdivided are paid. Thence along id centerline of Oak Street,North 89'21'45"West a it 1 I I bo PETER K.NELSON distance of 1053.66 feet,to the Point of Beginning. I I o m ' ii II I z I 1104 MANDEVILLE LANE u I i SOZEMAN,MT 59715 Doted this day of A.D.,199- Cantaining 24.24°crew,more or less and I.subject to all easements.of I u ), i - AND record. i I I JERRY L.PERKINS AND " PT LAND I� 9' '33"E C/OThe above AND 11 bed tract f lane' to be known tl designated as ; m I j BOZ 22N E.MENDENHALL JEFFTreasurer KRAUSS PHASES I AND II OF BRIDGER PEAKS a TOWN CENTER SUBDIVISION,City of Bozeman. O x01 © 179.89' 1 BOZEMAN,MT 59715 Tremurer of Gallatin County CaNatin County,Man no;and the lands included in all streets,avenues and parks O w)I o:w J N89'5' together with all attest and utility easements as shown o said.plat are hereby I O^I grantee and eonolea to the ity ar Bozeman ra the pab%a ass and enpyment. u)I ro' I 367.97 CURVE TABLE IN CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE JNot Lob I LOT 7 �v�Q - CURVE LENGTH RADIUS DELTA I I 34.853 sq.ft. w _ C1 70.74 175.00 23'09'41' I,Phillip J.Forbes,Director of Public Service,City of Bozeman, z N a v 1 C2 94.73 300.00 18'OS'32' Montana,do hereby certify that the accompanying plat 0.80 acres Q P 1 y examine I 7 I h LOT 8. '�`_ C3 170.99 ]697.02 OS'46'23' has bean dui d and has found the same to conform I b'n 88.038 eq.lt �Q� to low,opprov¢ t,and hereby accepts the dedication to the City of C4 25.24 1697.02 00.51'OB' DATED this_day of_A.D.,199_ 1 y - Bozeman for the public use of any and all lands shown on the plat as being 1 ,n 2.02 acres dedicated to such use. Harold D.McNee Jr.,Preskfent TRACT D I DATED th day of A.D.,199- Harold N89'56'33"W' H&S Financial Corporation CA,S. 1240F u1 183.39' Managing Member GRACE F. PRANCE I O 6`• G JOANN L.CAPE N 9'S6'33"W N89'58'33'W O'bryyL 7�7�c^ �5. 3 Phanp J.Forbes STATE OF 2220 W MAIN ST.I _ I 1156.77' 208.80' u5 0"J' `f `v Director of Public Service, y BOZEMAN,MT 2 ry Op,'ySd, LLB N TRACT 3 Cityof Bozeman COUNTY OF )el. 59715-3972 1� I - t(P C.O.S. 1215 'I I N - - - PETER K. NELSON On this_day If_in the year 191 I o CERTIFICATE OF CLERK AND RECORDER before me,a NotaryPublic for the State ofve O 1104 MANDEVILLE LANE -personally I ;7 ul LOT.6 O BOZEMAN, MT 59715 . rn I,SHELLEY VANCE.Clerk and Recorder of GallatinCounty, appeared known to me to be the I Z I I G N AND Montana,do hereby certify that the foregoNg Instrument was of the corporation that executed the 30,961 qft JERRY L. PERKINS AND within Instrument,and acknowledged to me that such cot oratlan "� I fled in my office at o'clock(AM or PM), 9e P I ,.�T I 0.71.acres u'•�; PT LAND this day of A.D., 1999 executed the soma I I 8 56' C/0 22S E:MENDENHALL 'II and retarded in Book of Plats on Page 159.83' BOZEMAN.MT 59715 I I Records of the County Clerk and Recorder,Gallatin County,Montana. I I ,th i Doted this day of A.D.199_ b Notary Public for the State of I I i m' I �89'S6'33"E oy 162.20' a5 7 Deputy realdng at I ;p::l I I � LOT s ? ryb i pu y My commission expires I 3I I N I I PN _ 293,386 q.ft. ' e 6.74 acres LOT 2 N Shelly Vance 117,590 q,ft. ' CONSENT OF MORTGAGEE i o l n l .'I I z.7o acres p 1 LEG E N D NI i II ° I.the undersigned mortgagee or encumbrancer,do hereby join' and f✓89'S6'331Y C7 CERTIFICATE OF RELEASE OF SANITARY RESTRICTIONS consent to the described plat,releasing my respective hens,claims or I i 165.69' �' Z FOUND 1/4 CORNER AS DESCRIBED Brid Peaks Town Center Subdivision City encumbrances as to anyportion of said lands now being platted into streets, I I - ) within y to Bozeman,Gallatin County,Montana. avenues, arks or other public uses which are dedicated to the City 'O p ded the City of Bozeman:Montano Master Plan area and can be p p y of Bozeman I I -t provided with municipal facilities for the supply of water and di for the public use and enjoyment I p p pp y -4-1 (l sewage tlo'M.19th ' I LOT 4 589.58'33"E s89'S6'33"E �' • SET 1 1 4" YPC MK'D MORRISON MAIERLE, INC. and solid waste. Therefore under the provisions of Section 76 4-124(1)M.C.A., e EASEMENT I ' - $ - / this subdivision is not subject to son tary restrictions. 41,542 s ft. 48.55' y 200.50' DATED this day of 199- I j I q' I D.95 dttes �� LOT 3 s o t - 0 FOUND YPC MK'D SS&G ENG. DATED this dote of .A.O.,199- MORTGAGEE C.O.S. 1240F I j - I N o 36,438 aq.ft: k o�. LOT 1 I 'i GRACE F.FRANC'E I - 'oo ry N'nn 37,625 sq.ft o, JOANN L CAPE 5p' ' ! - < 0.84 a ea w 0.86 owes u' STATE OF ) 2220 w.MAIN�T. I o g m m o CALCULATED POINT, NOTHING SET Direr J Forbes or or Pubnc service BOZEMAN, MT I I. tit COUNTY OF ) ss' 59715-3972 I i L _ __ - _,o O= - _ _.-___-. _ -- __--- City of Bozeman On this_day of In the year 19s_, I $i -'-"1 1- - -'- - --' in - -- - ---- - 6D'- 171.99 223.m' 20- - IF ,-- --- ._--__ CERTIFICATE OF UTILITY EASEMENTS before me,a Notary Publiq for the State of personally � i 293.20' 140.01' 200.70' J-' 338 40 appeared known to me to be the I 589'21'45 1367.30' t -I- The undersigned hereby grants unto each and every person•firm,or corporation of the corporation that executed the I I I - she or public or private,providing or offering to provide telephone,telegraph, l I i 80' oo'-. elec no power,gas,or cable television service to the public,the right to the joint within instrument,and acknowledged to me that such corporation P•O•B. se of on easement for the construction,maintenance,repair and removal of executed the soma I OAK STREET 'm 1 their lines and other facilities In,suer,under and across each area designated N89'21'45"W 1053.66' on this plat as Utility Easements to have and to hold forever. I 337.11' FOUND WEST 1/4 - 60' N89'21'45"W 1390.77'on - Notary Public for the State of SECTION 1 residing at BRASS LAP - -- _.- - - - _ - Bridget Peaks L.L.C. Date My commission expires .COVERED WAGON MOBILE HOME PARK Harold D.McNee Jr.,President . COVERED WAGON MOBILE HOME,L.L.C. ROY T. WALTON H&S Financial Corporation C15r< I' _ P.O. BON, MT BOZE W.DURSTON Managing Member L P.O.BOZ BON, ,1 1319 W. MT 59715-2726 5 971 5-61 60 (\�1 IT\jI z Griffin 01 ❑ MORRIS O1\ ENGINEERS w GRAPHIC SCALE O SCIENTISTS SURVEYORS PROJECT ind >o as MAIERLE INC. PLANNERS p AREA SUMMARY- SINCE 1945 - AREA - Am. Employee-Gamed Company - LOTS - 21.43 ACRES ( IN FEET) R.o.w. 1 Inch= 100 fl, P.O.Box 1113 901 Technology Blvd. Bozeman,MT 59771 a Phone:(406)587-0721 Fax:(406)587-1176 Uz.81-ACRES' REVISION DATE: TOTAL = 24.24 ACRES REVISION DATE: >v To DRAWN BY: KW DATE: 04/20/99 ❑❑ l BASIS OF BEARING ❑� THE SOUTH LINE OF COS 121ES eeeetlq���PPFFFF����II TAKEN AS NORTH B9'ZY45"WEST CHECKED BY: DRAWING NO.: FPLAT.DWG ... VICINITY MQF_ - JOB NO.: 3121.001 040 0310 SHEET 1 OF 1 5C - Final Site Plan Referenced In: Part 1, Condition 3 r FINAL SITE PLAN OF m= BRIDGER PEAKS TOWN CENTER mop �aF FOR C7) E1rz<zi BRIDGER PEAKS, L.L.C. TRACTS 4A-1 AND 4B-1 OF C.O.S 1215D CD LOCATED IN THE NW 1/4 OF SEC. 1, T 2S, R 5E, P.M.M., CITY OF BOZEMAN, GRAPHIC SCALE d so< Its GALLATIN COUNTY, MONTANA 50 a >o txD 24D O0 ,rTT•aa a OWNER: APPLICANT: ENGINEER: IS. §$ i o PHILLIP SACCOCCIA,JR. BRIDGER PEAKS,LLC. MORRISON-MAIERLE,INC. ( IN FEET') 991 EAST BEACH P.O. BOX 16101 901 TECHNOLOGY BLVD. 1 inch= 60 ft. I PASS CHRISTIAN,MS 39571 MISSOULA,MT.59809 BOZEMAN,MT 59718 _ MANAGING MEMBER: DIRECTIONAL HAROLD D.McNEE,JR.,PRESIDENT Qcm \ \ I (ENTRANCE) 30.0'R.O.w. H&S FINANCIAL CORPORATION \ ` 30.0'EASEMENT `--' ._.� LAND USE STATISTICS 'I111r"T"°t'P"11 FEW „e,,,o........ ......:.w =;=... - 0 s... ... :.-.. .. -- ...-._SD.O.R .. --..__ _ ... ...aw '.;..n. I..v.. `:^c, _.=...w ....._�.,.,•. -..m TOTAL LAND AREA. 42.24 ac. -� y. „#.- °w -.».m,.,. .,» 1TWR ....•... WRc. ,_...., ... ..,._._» � ' .. 1-: �. T, .[. ,•..N ..�.,�-.,U.-. �....�.._._R.�._-. .... - • DEDICATED R.O.W. 2.82 ac. wiR .,. tea,......- -. FUTURE DEDICATED R.O.W.: 2.08 ac, -- I t� C' Pi;LgL�LA .= -'- - - • - �_ NET USABLE AREA: 3Z34 ac. \ 1 - ' --- - - ••.• -" r�- � � \'-8.0'R . � REQUIRED OPEN SPACE: 10.46 ac (B.O7n --'.,---- _. ---- - r �-,,. i/_- OPEN SPACE: T -- —� —. -- _---=— - - - — W - T ST D -------- ---- --`--- ._ ,�..,...�.... I ---- ... _ y ..... --- - DR. C w _ - - --- ..._. —T - ,- INTERN OPEN EASEMENT: 3.75 au.2 w 1l zoo --_I-,.: �- I pi I I - - -__-- ------.-----,.- -._ __- __- -,_---- ------- _-- _, �.,......._-�-- / -j ie SETBACKS FIR 2.17 c z SI I Tg I( ,) to f p ( I 7 - -_ _- DETENTION POND AREA: 0.31 as M' of of uT -- ----'---rJ J : rv.. .,;. OPEN SPACE PROVIDED g 1 1 WV yi 8pt a T��, 60.0'EASEMENT 25'CREENWAY WITH THIS SITE PLAN: 9.38 Do.(25.1%) c I ewlR aRTR nra CUL-DE-SAC EASEMENT �, - � , T POND 2 t II I T. (FUNREDING)L _T I{: I 2 l i 11 IT i t i i 275 '4:. „30,. . I F 31'UTILITY EASEMENT T g 1 1 , „I, 97 i L 1 211 - { (� f i I� _ 'd 1 42,086 sf v 1 n� 0.97 )' I CRY OF BOZE#BAN REQUIREMENTS FOR STANDARD PARKING 8TALL8 w b I I 111' 1 I 77 '�7) I / / BUILDING BUILOINa BUIIMNO USE APPLM.ABLE SrNIDOm STALLS SfAIIDAPD SfAU3 AREA 1. SOU—PORTAGE REQUIREMENT )OF 5'TALLS I".ry k.. �v. I / / SD.FT. RETNL STORE AND CRIIEPoA REOUIRm O - I t ESTAII 30D W N LOT 9 \ \ �I S I �' / r 'A 66.W0 SER:DCE 56AOD 1 Sf,LL1 PER 188 LOT 11 / / S 0 3 as 7 I I\ 1 418281 f T / 8 D.040 RE E��D 0,040 N1 PER J1 1 �..m C 9,525 9A25 J2 1 ETAIL-RE AND I V ,T, __ _._ / RESfPBL 5HM M5 1 0D PER �, I ( \ I\ I I 1 I r n a, 1 I g 31 ` ---- 31'MI1TY EASEMENT / / I I 3 I L FAS\E / / C z1.aBa RETAIL CE zt,De1 00s;ER T1 j NTURE BUILDING - I`� 3.217 RETNS m)RE NND J21) 1 STALLRVER 11 w - I Eslsm .ENTs JDD.a 8 ,4 UTXR1' RETNSORE AND 11,230 1 5FALL P. ]B 77 71®77 REsnalslME µD JOD.R n ,,,.�T 12.17f 5 lz.nl 1 gpm 41 G ;I I `� _. , •y _ # ESTOHL6HMsas Lp�/JI .... t I / / N 15,N5 RETNL STORE IND 1SAD5 1 STALL PER St `� 31 HAROSCAPE AREA(y'DJ B ESTSABL4niEH15 J0)'R++ 8 J -I J 5,200 BANK,FNANOVL 3,200 I STALL PER 1= > Y I I i I P�'�•� ,. ,�t / / I G�� INStIMIONS JOD aR R DZS m m Q IE { 26' J L I i / / I S 1 K RESTAVRANrs.C JES NDOOR sTALL PA 0 LOT 7 r J PHASE LINE / F 5.700 BR5 ND SMAMU J12a• SO eRR ¢ S 6d a 1< sFmlrvc eRu ¢ is clu 34,853 sf i 3 QUID o m m e 080,ac 110Aw'ER s I I DIREGTI .� O'I G. J�lf i fl fl tI...A 'g 3 , T 4B-1 L 3.000 BN.K.FINANDW. 5�3,OOo t srALL PER to �T` -" C OSS.O 1215D A-� I (E SIGIi a _^ - 1 -) I ( li 30' �_ 6,_ ......... oT- r ac. / / 'I INmlurloNs INDOOR 3aD.a n — Y REStAVRANfs CUES, I STALL PER 57 1 I I 8$,035 sf / / ( I� 4,70o IVRs AND sMnAR us spRWNG AREA our000R t STALL PER s W sER NAREA BID w A OD FUNRE BUILDING 51_ 9I� _�'�._I-^{.. •_I..} S.�...� jx L / F// / // / IN Ij If I I N RESTAVRAl1i5,GVES. 1 ptALL PER 30 1 flwt5 ND MM UA U GERM oUTDDO G 50 p tt s w 1 ) I / �E/ _ _0 SERANS AREA 1 SHALL PER 5 7 1aQ w A v r i 35'MINIMUM SETBACK u P 7,OD0 flN+K TNAN 1 q t 24 26(( � I'=1 "T.GI•'. �� � / '�� TmAla 1842s3 - 160.613 'INDOOR PUBUC SERNNG AREA ESTIMATED BE O.OX OF ITOT&BUILDING ARIA - - ---- 30, ' ....ORARY CONSTR ILER APPRO%. j UCIIpI l _ BUILDING SIGNATURE SIGN / q I I I `N,q+1 I ,FI �4'a ' / ' SUMMARY LBLE SHOPPING CENTER ID � :- � 79 fl "`- / /. PARKING COUNTS m i OND 3 61 --, -1 NUSTALl9 11INU1111 SIAUS F (FUTURE !f''I I` \� ` J `+• v \ _ /' (TEMPORARY CONSTRUCTION ON SE[IM T ND1 1 N r'"^•.. RmulRm vRowom ITt� BUILDINO)I L J I1 I .c\\ \ \ •-Yry CIRCULAR PlA7A \\ry; / fl fl / ^' I I � I � P•. h - �\,'� `^. '»--. � �� 30' 1( _ � { H NDIGIPPED 7oD Dw LOT 5 / _ I II - 35'MINIMUM SETBACK - 'REQUIREMENT K 22 OF TOTAL W - -py NUMB R OF STANDARD STALLS I 31 293,205 sf -^••a Ir / lCD NOTE. ALL DIMENSIONS TO CURB LINE D. LOT 6 # 6.73 aC // _ r-I ARE TO FACE OF CURB O�NUMBER OF 9.5'v te•14R1(ING srALLs _W 3 I - .I 30,961 sf \ eRss W r 26' 3. \ ? c O ^M1• NUMBER OF B.6'x is'PNMIND siA / z —15,11-STREAM\DITCH �J fl fl I E _� O�NUMBER OF 0.5'v 20'PARKING STALLS Q PRIMARY FREESTANDING I I I I 10.....STREET&UTILITY„ I \ \\",\ � / J 3011 ' �, �'°D NODTTIENCLUD°eDN°EA°aa�EAP�imaNc J Z Q ID/TENPM SIGN I I S...w 1{ .._ EASEMENT I "\\ \ \ / �` I' _ ,( 325-'< NwauPPm STALLS J \ \. \� �.. /, 1 2.70 ac f I. - 72.5' O Lu O M STLIBOLBJ (ONE SN7!) ( I I I 1 I I / \ _ Cn 28 \ \\\ \ ..:;�"" t fl�\8 B .'I 1 25'GREENiAY I \\\ .28'Gyp) \\` �(\ I I : 65.0'R.O.W. Q J z GR AY M'i Q Q _ FlLSEMF]JT k• J ^ y :J I I W � Z (n I 21 I \ r` r �.: F 'a 1 ,r LEGEND LL LLI '" (- C,�J J - - UMITS OF RIGHT-OF-WAY W O AL I THE L17CA - \ - ---------- WV u - F 7/ _•// L ---- i° Imo- iF" DEDICATED WITH THIS FINAL SITE PLAN ,..- TKN) a \ \ I r ? r A Gz•I UNITS OF FUTURE RIGHT-OF-WAY L( 41,542 sf I � V � V.\ jy r �..: ' 0.95 OC. '�• Av ` \ AV r `"��_ _ cam.. - __ TO BE DEDICATED WITHIN PHASES III&PHASE IV •^ \ \ --- 1�..,.: - UNITS OF FUTURE RIGHT-OF-WAY TO BE \ \� -- - - - / DEDICATED WITH SUBSEQUENT PLATS m - » ;"s• \ \ .. I. s - ..V. AREA CALCULATED AS THIS FINAL SITE PLAN. 60,0'--.- =N•� _ OPEN SPACE WITH f`� .' .._.T. �.. \ �\ \z � LIMITS OF CREENWAY EASEMENT(SETBACKS) DEVELOPED WITH THIS FINAL SITE PLAN. i I _ L.., \\\ ,^\ \\ \ \.� �\ 7 _ __...._ ._.- _ _ „ .------- UNITS OF BUILDING SETBACK 120.D RO.W 1 I \ \ (rT"( 2 ___ _ .E FROM STREAM DETENI I I m I �� 11. I' \� \\ .•\�\ \� \ ''��� 40' i1D S6�AZ _I(FUTURE BUILDING �. SPACEnCALCULATIONSON POND A USED IN OPEN II GAS I I(FUTURE BUILDING) _ f fl v I LOT 3 1` 50.0'CREENWAY 250 STORM DRAIN t S1'UTILITY ELSEM I' I �� = Tv rv- TELEBURVISION LNES TELEPHONEED AND FOUND SECTION CORNER rp _ Ytl RIERWE QI �CJ I I m I Ill ! 26 z I Ip I € o I I I 20'STORM DRAIN —us—r+s— BURIED GAS LINE z FOUND QUARTER CORNER E I L----J - _ EASEMENT ------ FOUND PROPERTY N GAS GA V Cqs B'WATER MAIN STUB ,v„„ SANITARY G OVERHEAD POWER -. EXISITNG 24G II - _ - .,._ i„ G GAS SEWER MAIN EXISTINP AS mm pp a.WATER MAIN STUB ,. :_.. I ,.I ^`......,.--- -. .. .:' - — - -� a,a EXISTING 12"SANITARY a POLE PI II -. I - i -. " r W t -:.,; I I - _ -- --' S- _ _ In SEWER MAIN EXISTING SANITARY SEWER .. ..... u,.- -...,.__.._ _` _- I,..•. \ G 14 WATER ® MANHOLE MAINTIN PROPOSED CS&P WATER EXISTING FIRE HYDRANT _ H POND ExlsTING 6o'RCP - DIRECnoN� - - - — I 8 WATER MAIN STUB _ -y ,—;g . ,.,._. MAIN (FARMERS CANAL) (ENTERNJCE)SIr.N. , ,; + PROPOSED WATER MAIN y� PROPOSED FIRE HYDRANT I 140.0'ROW. OAK STREET G--... �1-„ ....___.-- _,.,_._.__86'R.O.W.. .... ..._.. � - PROPOSED SEWER MAIN PROPOSED CURB INLET 2 1 - -. ,-. .� - ..:- - . _ u TENANT - - ...._. _ —.�,�. ST PROPOSED STORM DRAIN i1 PROPOSED DRAIN INLET Y FREESTANDING - -�•••_ :. GN _ . .._ :- .� -w �.. LOT LINE 1 800' � ■ ■ PHASE LINE ■ PROPOSED HANDICAP RAMP C.0.5.1240E 1 I PROPOSED CURB&GUTTER PROPOSED TRASH ENCLOSURE GRACE E,FRANCE _ _...._ .......... ....`. __- -.._ _...._ _.-. ___. .... ....._. -_. -,..._ .._._.. ..___ _._..- _.... ._._._ �_. ......... ... ..._._. ._...._. --__ -. ...._..., _._ _. ...__.- ...__ __- ._.__ ....._ -.__ _._ -.- _._.... _.. -_ -. �+ ,'})")i T.Y`,PROPOSED CROSSWALK PROPOSED SIDEWALK PROJECT NO 0310 JOANN L.CAPE _-_ __ __ _ 3121.001 020 NUMBER 2220 W.MAIN ST. COVERED WAGON MOBILE HOME PARK "'• T. -"' ""- "-`-- -- -- ----- ---- C.O.B.STD.DRIVEWAY APPROACH SHEET NUMBER BOZEMAN,MT 59715-3972 COVERED WAGON MOBILE HOME.L.LC. ROY T.WALTON P.O.BOX GIGO »� 1319 W.DURSTON - DITCH BOZEMAN,MT 59 771-61 60 BOZEMAN,MT 59 71 5-2 7 26 PROPOSED LIGHT FIXTURES DRAWING NUMBER Z 1;' PROPOSED LIGHT FIXTURES :",• CART STORAGE AREA C-1 ctcdo. I 5D - Landscape Plan Referenced In: Part 1, Conditions 17. 18 so2� CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT V 9x • * Street address: Alfred M.Stiff Professional Building Phone: (406) 582-2360 20 East Olive Street — Fax: (406) 582-2363 Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net 7r�N Co. 0 Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net April 18, 2000 Shelley Engler Cashman Nursery PO Box 10242 Bozeman, MT 59719 Dear Ms. Engler: The Planning Director has reviewed you request for a minor modification to the landscaping plan for the Bridger Peaks Town Center. He has found that the changes are in keeping with the original intent of the proj ect approval and are an appropriate response to the site conditions and presense of utilities. The changes as depicted in your letter of April 4, 2000 are hereby approved. If you have questions please contact me at • the sources listed above. Sincerely, Chris Saunders, AICP Associate Planner C c:_=_f11e • planning • Zoning • snbdivuion review • annexation • historic presentation • housing • grant administration • neighborhood cocrdinotion • �` RECEIVED BY APR 12 2000 • CITY P�a.nNIN CASKMAN NURSERY P.O. Box 10242 Bozeman, Montana 59719 Phone: (406)587-3406 Fax: (406)587-2567 Email:jcashman®attglobal.net City of Bozeman Planning Department Attn. Chris Saunders RE: Bridger Peaks Town Center Dear Chris, April 4,2000 As per our conversation this morning I am writing to request permission to move the street trees shown along North 19`h to line the west side of the path. This would move the trees shown closer to the path down slope. I have attached a sketch to illustrate an approximate planting scheme. I feel these changes are necessary due to the locations of underground gas,and fiber optic lines, and overhead power lines. I feel this proposal will satisfy city planning requirements,as well as provide good locations for mature tree growth,and provide long-term planting success. I anticipate staking tree locations late this week and will proceed with your verbal approval of this • alternative scheme,unless I hear otherwise. Please advise immediately if there are concerns. Thank you for being available on such short notice. Sincerely, Shelly En er,L dscape Architect • grPei �v-- 1 r�►:/ r GAS Mao ISM U '-. 1 �i ---•-'--- - LANE O i J i FW— ! C ' 0 8WrR U) fl � awlF P I r t I � � I�p co tp: .1 I � i IN � 111110 G I um _MOB •.}� r^ a r � M SYMBOLS COMMON NAME PLANTING MATURE OUANIITES N w $ (SCIENTIFIC NAME) SIZE 817E ,g$ a w cn QUAKING ASPEN 11h"- 2" 50' - 80' 37 y z z$a N ( POPULUS TREMULOIDES) I w e i z AMUR MAPLE ® (ACER OINNALA) CLUMP 20 - 25- 6 _ _ ^•,�, „ i a Q W a ALPINE CURRANT o a o-a��z+ ® ALPINE ALPINUM ) 15" - 18" 4' - 5' 61 �, a 6,1 I \ CO f g F w x}o F L- ----------- \ xJ6 zoa3 RUG JUNIPER JUNIPERUS HORIZONTAL`S m \ s (( 18" - 24" 6"X 6' 247 'P" p-, BLUE CHIP'Oli J. SABINA'BUFFALO' ) V4•� 11��1 F rfS w w L O $ z o rc ® SUFFALOBERRY 2' -3' 6' - 8' 13 $ 0 "F' -I-®� �'2 `, Cry 2 U BLACSHEK ASH CANADENSIS) ®� T ( FRAXINUS NIGRA 'FALL GOLD' ) - - � +, o .. 40' 50' 27 G �L .__... -- ....._ ..... ........ ..__-. -- .. _,... -._. - COTONEASTER 2, - 3' 8' _8' 37 ,V' _ ht ------ ; ® (COTONEASTER LUCIDUS) CLUMP BIRCH 8' - ,0' C.HE ANE .-. ". — ( BETULA PARYRIFERA) 8&B 40 -50' 71COTTONLE 4 &6 ..: ..� .._ ._._ _..._. COTTONWOOD ( POPULUS X BROOKS ) 136" - 2" 50' _ 60' 6 I. SIGN & a &6 - ' - ' _ _.. - . rJ TYPICAL PARKING ISLAND a L C NADA RED CHERRY "4 . +,, SCALE: 1" - 10' (APRUNUS VIRGINIANA'CANADA RED' ) 1"- 13£" 20' - 25' 11 "4;Y., _ � i i'x I i 1 ICI ! ! '• , COLORADO SPRUCE 1 ( PICEA PUNGENS) 8' - 10' 50' - 80' 18 . "I `OLDEN WILLOW ) �' - 2" A NORTH 19th AVE.ENTRANCE z 1 I 57 A r-- I f SALIX ALGA 1A7ELINA' B&B 40 - 50 2 ! I • °* THORNESS HONEYLOCUST SCALE: 1" = 20' ® `\ `\, u� � •i T I I ® ! ! ,14" - 2" 50' - 60' 33 1 \y(FUTURE�DINO)I I � i � ! � � I � ® ® (GLEDITSIA TRIACANTHOS V. INERMIS) `\ m i - R H T T y� \• l B 2' - 3' 8' - 10' 27 .C, L ---- LJ ( S RINGA�UMGARIS&FRENCH HYB RDSS) MIX YELLOW (POTS VAR SU FFRUITICOSA �� "' I 5 C' j MIX YELLOW&PINK VARIETIES) _ _ 15" 18" 3' 4' 97 P \O, V. LANE ASH (FRAXINUS PENNSYLVANAICA 1'/i"_ p" g0' - BO' 26 I I ✓ 2 o �^ ® V. LANCEOLATA PATMORE) I ti� U T 1 ;- El PURPLE LEAF PLUM Y� 7- 1 ( PRUNUS X.CIBTENA) } ..... .. l...L_... - n n REDMOND LINDEN T:: I O 1%'- 2" 30' - 40' 19 TILIA X. EUCHLORA'REDMOND' ) --T".""""'" K TYPICAL PARKING ISLAND SPIREA-MIX NORMAN &GOLD FLAME(SPIRAEA ® I I O -- --J SCALE. 1 = 10 - I X BUMALDA'NORMAN'&S.X B,'GOLD FLAME') 12" - 15 2' - 3' 145 I g A SCOTCH PINErJ 3 50, - 60, 39 >1:r• I r e ... 1 J *7 ...... l .._ 1 „ ( PINUS SYLVESTRIS) I ® r-----I _. I I iti�,, ..._... �.^��y TAACER MAPLE 8p 10, 20' - 25' 11 t R; �-}- + (17, 1 t,'�."+. �,J (ACER TATARICUM - F } ' wza + ' I WAYFARING TREE VIBURNUM �tAr it + + { *So � } (FUTURE BUILDING— VIBURHUM LANTANA) 2' - 3' 8' - 10' 12 C n ( POPULUS TREMULA EREC7A' ) 11,I"- 2" 40' - 50' 11 SWEDISH TOWER ASPEN RED TWIG DOGWOOD _ - / _ y ( CORNUS SERICEA) .I11- DWARF HIGHBUSH CRANBERRY ,2"- 15` 4' - 5' 39 41 I (VIBURNUM TRILOBUM COMPACTUM' ) r A. �.. ---- ROCKY MOUNTAIN JUNIPER S - 4' 10' - 12' 4 U (JUNIPERUS SCOPULORUM) �J ® C 18"- 24" 3' X 6' 6 B CORNER OF N.19th AVE.AND W.OAK ST. /� J Q `yIl w F SPREADING JUNIPER (JUNIPERUS HINEN515 MINT JULEP' OR J. SCOPULORUM 'TABLETOP') - 5 --- L r.1 SCALE: 1" = 20' m y ..I j ® r ........._ I ( I `,�'• fl�n .... ® DWARF EYERI 'PAUBIN' ) 18"- 24" 4' - 5' 6 PROPOSED ,_ •'; SIDEWALKS 71 77 i I ! I ��_ { PROPOSED PLANT BEDDING AREAS L TYPICAL PARKING ISLAND • (SEE NOTE 2) _I FUTURE BUILDING I ..e� \` ��, { 1 it I t�•'`\. 44, PROPOSED FLOWER BEDS SCALE: 1•' = 10' 4 (SEE NOTE 2)71 .1 ,,� INDICATES POSSIBLE LOCATIONS FOR SHRUB PLANTINGS AT BUILDINGS PROPOSED SNOW REMOVAL AREAS SIG '�`•`� 34 & 6" RO2tFFOC. , NOTES: ROW OF 1 -0 I ! ry,0, ', - INSTALL TREE GRATES FOR ALL TREES IN HARDSCAPE(CONCRETE)AREAS BETWEEN E BACK OF CURB SIGN � � &BUILDING S"A"THROUGH "H".TREE GRATES 6HALl BE CIRCULAR CA57-IRON GRATES AS SPECIFIED BY THE LANDSCAPE ARCHITECT, INSTALLED PER MANUFACTURER'S SPECIFICATIONS. - W 2.ALL UNPAVED AREAS SHALL BE GRASSED EXCEPT THOSE SHOWN AS PLANTING AREAS(BEDDINGtit y .AREAS OR FLOWER BEDS).ALL PLANTING AREAS SHALL BE MULCHED WITH WEED BARRIER AND ROCK F� ,. I n n R BARK.INSTALL VINYL EDGING SEPARATING GRASS AREAS FROM PLANTING AREAS. Qli I V� I(FUTURE rt A' I 4 BUILDING) nn c> \` } C WEST OAK ST.ENTRANCE SCALE: 1' = 20' \ �j \ M `TYPICAL PARKING ISLAND • "' / SCALE. 1 = 10 l W �- LJ A ~ IL a_ Q Q ` `` a- 11 x\\ \` ,` , \ \ \ ti # D TYPICAL PAoRKING ISLAND E TYPICAL PARKING ISLAND AC W CO Q u� v�� SCALE: 1\` !.'tl SCALE: 1" = 10' Z ``' \ ® �N1 TYPICAL PARKING ISLAND J N Z I I 1� 1 n \\ \ \ SCALE. 1 10 07 fi;,E t .� l t ----, . \ x. �� _ I � � I .___ ,, � '., '., •..\"•..`\ ..`� �,,�, \`': .. ..._ .__ `(FUTURE BUILDING I O/ �` �3�5 � ��!r .� I(FUTURE BUILDING)I _ ,y • I n 71 J `� S S S , �:;�s e �',�• I E I � 1 i &~r� i k, i.��� k ' � 6 I I �� i I I I { 4, I I � O LL y'H^ I ! a, sl %~ �� , , C1 TYPICAL PARKING ISLAND �� SCALE: 1" PA G - -- �.. _ ._ }._. L D G G ISLAN . SCALE: 1' = 10' — — — — — — — — — — — — — — -- OAK STREET -- — _.,.._. — _ _ � 56 ` A Hi5`UJlAlS'0 NURSERY SCH 40 PVC IRRIGATION SLEEVE PIPES °'""'°" �.� PROJECT NO. -11 2065 SPRINGHILL ROAD y a- I �- �- 1.) IRRIGATION SLEEVE PIPES ARE 4"DIA. SOZFMAN,MT..B9715 !�-! �,,� - �_� UNLESS OTHERWISE NOTED. 3121.DD1 020 0310 (400)007-3400 2.) IRRIGATION SLEEVE PIPES NOTED 4"& 6" SHEET NUMBER SHALL BE 4"DIA. & 8"DIA. PIPES SPACED LANDSCAPE_ PLAN 4"APART. ^• rz:! "" -;,, �. _ �1 TYPICAL PARKING ISLAND I TYPICAL PARKING ISLAND / 3.) IRRIGATION SLEEVE PIPES SHALL EXTEND DRAWING NUMBER SHELLY ENGLER, LANDSCAPE ARCHITECT SCALE: 1" = 60' SCALE: 1" = 10' �� SCALE: 1" = 10' \ OR OTHER PAOVED SURFACESND BACK OF CURB, SIDEWALK, L-1 ucaoR • f 5E - Revised Grading Plan \.. E. R.O.W. LINE N. 19TH AVE:. . - Fi- ;5S? gREMOVE EXIST END CURB AT 19TH AVE: R.O.W. - zz a24" CMP (5.TAPER FRO,:.n USH CURB TOINLET#4 - waz 3 w o54" DIA. CURB INLET POND 5 RETENTION POND a < m=0 �� CITYSTD. CURB.&GUTTER) - ( ) ( ) K F� TBC=27.20 MIN. STORAGE VOL.=6DE CU. FT. s of g24' RCP 0 0.5% IE(S &E)=21.284H:1V SIDE SLOPES <STA 11+45.HP IE(W)-22.50 _ BOTTOM DIMENSIONS -24'x 27.5' z g o=. z8 EL:=27.30 DEPTH = 1 o v< FUTURE TRIPLE o z oIE=22 _ INLET# INLET#2 - o o - - 48" RCP. 15" PIPE �k •9INLET#20 54" DIA AREA INLET a( ) (54"DIA. AREA'INLET) z z EXTENSION & MANHOLE(48" DIA. CURB INLET) :TO =24.6 rn w¢ a E+o ooza - .. TOP=25.3 : g o w rcIE=20.83 a n m a wzxs--iix ----:-` SEE OUTLET STRUCTURE o o 0 o z -n,n--.aa§ - _ DETAIL o 3 z< _ ..1E=22.4 - - - - - - - - - - - - - - � ..15",00 L09_•-- aixr 5 p '��� �z1_ _ _ - D-1 "0 0.5% 1 c e o u - ti, _ �5 F.E.S. TSCHACI NE - s s ) lb -�-- - -- = , 917 \ ... v r .,, -.: I. S�_--- ,---. _ - 2: of j . E=16.00 30 00:3 30 0 0.3% U 3% K - " � -�..�.. __ '�"sr->-•^---'�� T-�..\s�:.�:_.:: ;�,- 30 ,,.9.3 • T'--"'30 0 015% - - - 24 R �', - ,,, . � D =24.26 '�.�-�-�`- -k-a.. i 14T 0 3.3 - --- -- -- - - 2i --- - -- -- �?-N -- - ---- -' ��.-. --ene '-��,,--��e� O• '"cca .mow`. ,2�•=s>3''� INLET #1 - -- -- --- --- nlz._-_y.�-sue- --r-�•t,'' ne- I 54" DIA. CURB INLET) - -,� --- 1. N ^) �r.`i. .� FL '�! 7:34✓ ?0' >;-1 - ,40_ TBC=25-9 y m _ J.E.E W)=20.16 LE.(S�21.24 Z I I I I I j ` �,�,. •i B V-DITCH WITH. TOE OF SLOPE... _ I I I f ',�� MIN. H:1V SIDE SLOPES MAX. ELEV.'18.7�' /. I• w vt �..._. I L_. o = s 1 f / FF 27.0 b. l I -'-..mY,- - I,_.}..r _ �`� Lti I MIN. DEPTH=2.5 '..a •:a` I I INLETI p (FUTURE BUILDING) 'f II t � � t 1 (afi' Dld. buR6 T) �I• �i. lI TBC=27.50 27 7 F.F. 28.1 1 L` IE=21.53� IC11!B� / w 1 6 s �,. I 1 O I { POND 2 (DETENTION POND): 11 lI •� 6"ff STEP -- MIN. STORAGE VOL. =41.400 CU. FT. ~, \ 0 MIN. STORAGE ELEY.=18.7 - ' ` ) I , ,\.. 1 I 1--'--11I•-- - �' MAX. STORAGE ELEV=20.7 I., ," ® It7 ;.. � \I WWW! I-�� I !!!1!1 I I' I 'c�c � �/' ^�'.� o�� ` -� �•�' � F.F. 28.8.- C tz INLETS 8'PEDE TRIAN y1T I a' p , \ \ 7 c ?Erz ;+`^. I (36" D A. CURB INLET) TOR10�R 1( a.d `E 1 SE DETAIL C f TBC=28.0 SPILLWAY 4 C ST I�f 6 " FF S fE r '� ,( ! S)=23.89 / ELEY. 21.0 r LE. N& n�a 1.E.�Wj=24.97 _ _ I F.F. 291 1� �, �w d• 27.7 'a\ , :� 9 FF .:tnl y I. „z f;<�s \ I j ss 79 .. 'S 10, G. i 9 {: - ..•tl��� \ 5 �a 1 - �;-1: f �-.,i 121., I -T80 :: 9G �9" FF STEP Q l .. i I 1 F.F. 30.35 ( 11 4(MIN.�H:1Y$I E SLOPE m ...CG I-�i. iz - IN E O� 1!I t),I j 1 .L,..,- } - I 1E�E)-2415, V I o o < o m o FF STEP 15 P 1 --� '; INLET #10 ,1. :?'�� _((36".DIA. CURB INLET) _ I-.ui- �.;c� I •!. TBC=29.5 .y 6' O (dip �.. ._ : }} -: •S 00 I L,,�.w, I -'.--- �.�'i-1 :. IE W&26 49 5.74 /� /. ....._ - �. W _. r ' 8C >J I z I II t F.F. 3t.6 q_. -_ S` I d> a I I^3 0.6% / w 11 > ) H:1 V SIDE AATH ELOPES / /. W 0 I �/11 I 4 MIN. INLET #11 / Q FF 31.2 ?'^•,%.. _I LETS.#Z._ "_Ik";.. o 1 /(.! ,< (36"DIA:CURB INLET) - MIN. DEPTH=2.0' / / " U _Z .. 14, IA. IAILE�T I O -1 r- !�)/. , C=29.8.: ',/ Q z FUTURE GUIL0ING '� W .I - 'i, "\ - / IE 2B. { -:: CURB BOX oc,^c/ tp 28�9 I� L,30� I j n I 25.91 / z O �n .bv "_ I N)=23.631 1., M, e yr Z_ Z Q alE S=24.17 1 / / J n,,- � •�D -,. / - � • � a 0 � REMOVE EXISTING i u; i."l -L. �.,, 24 MP - ".. 5 30J i II :..I ,'� ._. LAZA.. � / 30.5. .c_\ / -/,. j O U' F ,:,..... ,'. A. INYERFS INL 7 & 8 �r: '- -� _� �`t s . �.� C JLINE SEE SHEET E- 1 / 1 ; ' Q _ p < o y i T H IE=23.5 / Q ----- i.r. ._bra is - -_ ' L i� W O Q \ _ (SE RIDGER P L„ I , 'B �C 2 9) ::y :I i.....� :. / -� ,._ / /,'r ."i- 9..rV;',., .� INLET#13 / / _ % ,( F a.. .. : 33.OTW }V s (36' DIA: CURB INLET) / t w n. 29.4 IE= �\. / !�! - `.N !SEE.A TECTURE..->- '^>. 8 L. -: :,/._•6� �. I _ . ...,-t �.!� •,�'. _ - 'J �• y,,_.,. .. 1, ... � � / -P AN F FDsUETA1L 2 E ? ". I 1 I \ 7 J oTSt�?,\� SE-27.22 0 _ N� ! .� `� , IE W�=26.Y2 nzn i �a-, o / - _ m CURB INLET s r JB�r' � ';::; * .azYe a �. -l„ - Ur Q 31 �.c• \ � r - .F-r F I CURB BO TBC=29.40 O' ,t� '6` NLET#12 3 \ IN L-24.86 (36 DIA.-AREA:INLEI) 30.9 ✓, ;r �. -/ i r '. - ►� ELd L GENE. NOTES: m o W ------- CATCH.CURB 1. STORM. DRAIN.SERVICES(6" DIA, & SMALLER) - = SPILL-CURB SHALL BE C900 PVC.AT 1.0% MIN. SLOPE, WITH N 2-0' MIN. COVER TO FINISHED GRADE - CONSTRUCT SERVICES TO 7' FROM BUILDINGS. GRAPHIC. SCALE TRUCK.LANE. eo o zs' eo zm PROJECT NO. 2. REFER TO ARCHITECTURAL PLANS FOR ADDITIONAL.GRADING INFORMATION AROUND " `;. 3121.001.040A310. ` o BUILDINGS. 1 W 1 SHEET NUMBER PHASE 1 - PAVEMENT LIMITS '12: ' 3. STORM DRAIN 15".DIA. &-LARGER SHALL BE 1.inch 50 tL - = PEDESTRIAN CROSSING- 'HDPE MATERIAL UNLESS NOTED OTHERWISE- DRAWING NUMBER SEE DETAIL -Lis - 2p rc 1115 Q aF� �� 0 w"M ` .c+IE S=24:17 �izG •� /1 3, ° U I. ' :.0 tS I S,r,'$r. rA \ /hi �;0., �ama : 3 ti -N 125.17 I = ,../ %•!;. -�� . „ • REMOI EXISnNG : �-,� .i'E`.` j _ - 11 ..r '0 II .0 24" - :- 3 os f'1 I! 0 .d ;.. - -- _ AAA + ..: .. .• I � --i 4...4 _. `A. -.INVE"'RTS � _ ( CURB) �.\..i� //i-.,.3p TU7i '•`'•, F`-� �)))�IN -7 &.8 ti SE RIDGER.P .m,. ��-_.:=;�,• .. ._. ... EWJ � a¢ � a W .._---- -CB 0}C.2. 9) :3"- ;./ - i('�.(/'/- z,ni , INLET�113 36" DIA. CURB INLET) j Y eF EET-Lien . n r _ IEa23. !SEE A�GHTECTURE�'� \< Tg II� y I .. \ / TBC=30.& s ' C r1 2.9:, ! 3 0 SE)-27.22 }� P N FObS]t)ETAIL II�IET .r_. '7BC - . 7, >ly ♦ 5,,s \ A. J B \ IE W)=28,12 ... T .186"! C=29.40 o Q '� INLET#12 dam-, L CURB HBO E=24.86 �. 'h' / \ 31.43. ,1 �i. T36"DIA. AREA INLET) .9 ^�y, , 8ST'. OP=31.1 - ��� Y // rc o W i IE=27.56 31.2 .,'� _ NIr) Z6�3ps-n� - f� z �C I,Ilj �\ `I $W E 24.Of euaeme) .4"'. . 3 Tw-r� LOADING AREAS- 6_ B N I 1 I� i{ B. 3 .6 SEE ARCH. PLANS - : f �i fi 3 \ \ �E=25.0__ 8 _ 3\ ®3.Sz r i � LJU. � 33.1 � -9 r _ x. " IN #15 . / . I"tT9.>.,.. /� Z '(38 DIA: AREA INLET) ? ,- I , TOP�32.5 ( O g IE=28.40 ('SW)-29.00 n I J u y C\\\ BST �: �•j.1y I \\,\�s� � �� a iv , !� Pr LEI 8' PEDESTRIAN TR�4IL - qq �. I', >J I 13 0-2 I � yE�C+ I I i - JJ 1 f I IC71 17 m I I LP mow - is �� a ,. �. :` dC•. ,9 �i- y�Gt TB • I I T - ... . .. . ... .... YD.BURIAL', '.. •;, �jD ., .: .,, �. .:. .. -,^. ...�. C\ tC• ., M J� L ; :•. .' -: I II ,. ;� : . . ,.. ,.. :' 36' IA. AREA INLET `.I, I " ti � •:.;,; r .� I 1 a m p "� \ �-.2 ( � se• \ C J.E:E 26.71 ' I I ,. ! _ _+IDP0.9 3 \ _ i e \ v _I -INLET. n m . . I ���',;_�- a^.' \.'i :INLET#18 - I - IN G P rc I �'r; ._ _ _.. ,, � _�•` !''� tl `, _."•... its Y3G" DIA: CUR T=1NtET)-' I !„ -; \ ^'• _...,\; Y .....� ... \ `...; TBC�v31.6 : .44 8 -jS "I \` CURS BOX FF 38.9 t L ,.I8.25 FUTURE.-BOX-]BUILDING ) I- " CURB BOX g^ 3e.T y B G• y: Ld TB 5 B y g W o >JJ t /L/L�l' V di WATER M IN S7UB`. -- 23� - A C` O Q - :,.:. .: + 3 REMOVE,EXISTING 18" CMP a WATER MAIN STUB: - I I tf •.. .. _. �.. FARMERS CANAL) N �. _O < E 8' PEDESTRIAN TRA Q. OAK STREET ( D 2 �`' ' .I - - W a 0. a m � 3, o wj EL GEND NOTES: m ------- = CATCH CURB 1. STORM DRAIN SERVICES'(8" DIA. & SMALLER) - SPILL CURB SHALL BE C900 PVC AT 1.0% MIND.SLOPE, WITH : _ 2.0' MIN. COVER TO FINISHED GRADE. o CONSTRUCT SERVICES TO 7' FROM BUILDINGS. - TRUCK LANE JJI1 0 1 I 7 r � - ' � i 2. REFER TO ARCHITECTURAL PLANS FOR - .. .ADDITIONAL.GRADING INFORMATION,AROUND N BUILDINGS. GRAPHIC SCALE 1zl.00.oao.o3m o ! � ® = PHASE 1 - PAVEMENT.LIMITS • SHEET NUMBER J. STORM DRAIN 15" DIA. & LARGER SHALL BE - so o za m +m zoo - = PEDESTRIAN CROSSING-I HDPE MATERIAL UNLESS-NOTED OTHERWISE: T1 o SEE DETAIL �. D-2. DRAWING NUMBER fIN�� E- 1 in. I inch= 50 IL .. Et-2'