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HomeMy WebLinkAbout638300224230157032) • I ,�; Z-05128 Lower ee W _ PUD -Final Plan 1731 Tschache Ln Jack Mandel, Lowe's HOW, hic, June 23,2006 p• I h r I f ENGINEERS MORRISON SURVEYORS PLANNERS SCIENT STS MAIERLE, INC. 3011 PALMER STREET•MISSOULA,MT 59808.4N-542-8880•FAX 406-541.01009 An Employee-Owned Company June 22, 2006 Mr. Chris Saunders City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 Subject: Lowe's HIW PUD#Z-05128 Dear Mr. Saunders, Attached for your review is the revised Final Site Plan and Planned Unit Development application submittal for Lowe's HIW PUD. This package incorporates previous comments from the City and includes the following information: 1. Legal documents signed by Lowe's HIW and Philip Saccoccia, Jr. that require signature by a representative of the City of Bozeman. These documents should be forwarded to Tim Cooper and.include the following: a. Vacancy Mitigation Agreement b. Second Amendment to Easements, Covenants, Conditions and Restrictions c. Irrevocable Offer to Dedicate Constructed Infrastructure Underlying Utility Easements d. Sewer and Water Pipeline and Access Easement and Agreement e. Stormwater Drainage Easement Agreement. 2. Final Site Plan/PUD Criteria Binder 3. Fees for the following: a. Cash-in-Lieu of Water Rights- $16,854.70 b. Signal Payback- $1,493.80 c. Sewer Payback- $11,424.18 d. Vacancy Mitigation -$25,000 Outstanding fees include the affordable housing fee and impact fees. In accordance with Condition of Approval 14, $100,000 will be paid upon time of opening and $200,000 per year for two years on the occupancy anniversary will be due and payable to the City of Bozeman. It is requested that the impact fees be calculated and that a credit be granted toward the street impacts fee in consideration of Baxter Lane on the capital improvements list. 4. Responses to review comments by Chris Saunders 5. Responses to review.comments by Bob Murray "Providing resources in. partnership with clients to achieve their goals" ��.yIMORRISON , • MOM MAIERLE,Wc. A material board and fence .mock-up board will be hand-delivered to the Planning Department. The MDT permit is pending and will follow under a separate cover. Please feel free to contact me at 542-8880 if you have any questions during your review. Thank you for your assistance and I look forward to your comments. Sincerely, Morrison-Maiede, Inc. Ily Sk ik, PE Project Manager cc: Jack Mandel, Lowe's HIW Susan Swimley, Swimley Law Elisha Stanard, MG2 Keith Belden, MMI Phil Saccoccia, Jr., Landowner Enclosures as listed above. M:\3373\003\Dots\oorres\saunders062206.doe Response to Comments from Chris Saunders. 1. The materials palette to be provided needs to include samples of the fencing material. I bring to your attention that Condition of Approval 12 specifies that no chain link fencing be utilized. It is not specified what "security fabric" is on the elevations. No use of chain link materials, whether or not they are coated or of nonstardard sizing, will be acceptable. A separate fencing material sample board depicts black tube steel fencing, opaque fabric screen, security mesh and chain-link fabric. It is understood that chain-link materials are not allowed. However, chain-link and security mesh are required as a part of Lowe's Loss Prevention plan. In order to maintain a secure surrounding and meet the aesthetic requirements of the City, an opaque fabric screen will be installed in front of all chain-link and security mesh. The material board will demonstrate the design intent. An image of the material board is located under Tab 12. 2. A colored elevation drawing showing utilization of the specified materials should accompany the materials palette. A separate 11x17 colored Materials exhibit is included under Tab 6. 3. The proposed site plan shows a building outline for the eastern elevation that does not appear to correspond with the architectural elevations and the required wall plane relief gable features. Four detailed elevations are provided in Tab 4. The elevations depict how the Lowe's building has been broken up to have the appearance of separate modules. The west elevations is modulated by the use of various canopies and design features. On the south side, the garden center includes pilasters to break down the overall scale. The gabled features on the north and east side of the.building are projected sixteen (16) feet back on to the main roof to give a sense of depth and modulation. In addition, the "stepped" features have return walls projecting four(4) feet back on to the main roof for visual depth. These are the building design changes that took place during the final DRC and DRB meetings. In addition, the roof elements have been added to the site plan for clarity. 4. Architectural elevations of the eastern wall do not show the materials to be used on the main wall. Similar levels of diversity of materials is required for all walls. Exhibit A-2.0 Exterior Elevations has been revised to note the differentiating materials along the main wall of the eastern elevation. Page 1 of 4 MA3373\003\Docs\fsite\PUD Conditions for Approval\Response to Comments-Saunders.doc 5. The elevations shall depict on all four sides of the building, by dashed lines or other easily readable graphic device, all mechanical equipment and the necessary screening. If desired, the elevations for this purpose may be in addition to those specifying wall finishes and materials. Exhibit A-2.0 Exterior Elevations has been modified to include roof top mechanical equipment in dashed lines. It is understood that screening of RTUs is an issue. Most of the RTU's are shielded by building parapets. Some RTU's appear unshielded in elevation, however, actual visibility of the units is limited due the setback from the roof edge and the varied topography of the site. -Ground equipment is shielded by screen walls and/or fencing with opaque fabric. Site line studies of RTU's can be provided if required. 6. The light fixture proposed does not meet requirements with the drop lens. An alternate fixture in the same fixture group shown on the cut sheets which does not have a drop lens appears-to be compliant. The proposed light fixture has been revised to a similar fixture without the drop lens. See updated cut sheet located in the Development Guidelines. 7. The development guidelines do not provide a typical pattern for the pedestrian crossings as required by Conditions of Approval 8. A Bomanite pattern or approved.equal is specified for the pedestrian crossings. The specified pattern is "random stone" and the specified color is beige (EIFS). A pattern is included under Tab 8 in the Final Site Plan binder. 8. A design for the storm water pond in response to Condition of Approval 13 needs to be included in the final site plan package, not just in the construction drawings. A separate schedule of plants utilized for the storm water facilities needs to be included on the Landscaping drawings. Construction drawings, including the Landscape Plan and stormwater detail sheets, are now included in the Final Site Plan binder under Tab 13.. 9. The Landscaping plan needs to.be printed at a larger size to improve readability. The schedule of plants should be divided into three sections, storm water plantings, watercourse plantings, and landscaping plantings. Updated Landscape Plans are located in the Final PUD binder. 10.The plant schedule needs to be printed at a size large enough to easily distinguish between symbols. A minimum symbol size of 0.5 inch diameter is recommended. Page 2 of 4 MA3373\003\Dots\fsite\PUD Conditions for Approval\Response to Comm ents-Saunders.doc Updated Landscape Plans are located in the Final PUD binder. 11. There appears to be a missing symbol. Detail E shows a heavy hollow circle which is not listed in the plant schedule. Updated Landscape Plans are located in the Final PUD binder. 12. Condition 38 of the underlying Saccoccia PUD requires the City to be a third party to covenant and give consent to changes. Please provide a copy of the letter or other written statement agreeing to the changes which have already been filed and provided as copies. Revised ECCRs are included in the Final PUD binder. 13. Sections 3.3 and 3:4 of the recorded revised covenants may be in conflict with the renewal plan submitted in order to comply with Conditions of Approval 15. Revised ECCRs are included in the Final PUD binder. 14. As contemplated in Condition of Approval 15, the City will draft the necessary agreement in accordance with Chapter 18.74, BMC to ensure performance with the proposed renewal plan. The City will likely require a financial guarantee of performance for the first three sections of the plan and a non-financial guarantee for the remainder. Tim Cooper, Assistant City Attorney, and Susan Swimley are discussing this matter and the question of covenants and I expect to communicate their resolution of the matter under separate cover. The Renewal Plan was approved during the June 5rh, 2006 City Commission hearing. A copy of the financial guarantee in the amount of 25,000 dollars is included under Tab 15. 15. A minor subdivision was originally processed which now is not referenced. If it is the intention of Lowe's HIW/Philip Saccoccia to not utilize this minor subdivision please provide an explicit statement to that affect in the final site plan submittal. Tab 19 seems to indicate that a realignment of lot boundaries is intended instead. A minor subdivision is not proposed at this time. Instead, a boundary realignment was .processed. A comment to Condition 19 is added. 16. The concurrent construction referenced in the development guidelines may only occur under certain conditions as set forth in Section 18.74.030, BMC. The current draft final site plan package does not appear to address either of the two possible options and associated Page 3 of 4 M:\3373\003\Does\fsite\PUD Conditions for Approval\Response to Comments-Saunders.doc requirements set out in ordinance. The final site plan must fully satisfy the appropriate standards. Concurrent construction. is accordance with section 18.74.030.D is proposed. , Supporting documentation is located under Tab L. Page 4 of 4 M:\3373\003\Dots\fsite\PUD Conditions for Approval\Response to Comments-Saunders.doc Response to Comments from Bob Murray: 1. Condition 16 and 17: These plans have not been submitted. Final site plan approval is not contingent on approval of the infrastructure plans, but no building permits can be issued until they are approved. These plans have been submitted and approved by the Montana Department of Environmental Quality and City of Bozeman Engineering. The approval letters are located under Tab t. 2. Conditions 18 & 19: The paybacks have not been received. They are required prior to final site plan approval. Paybacks are included with this revision package. 3. Condition 20: Approval of the TIS by MDT is required prior to final site plan approval. It is acknowledged that a traffic impact analysis will.be approved by the City Engineering and MDT prior to construction of each phase. It is further acknowledged that the TIA shall be updated subsequent to the opening of Lowe's, but prior to construction of phase ll. 4. Condition I: Plans and specifications for the public infrastructure have not been approved. Final site plan approval is not contingent on approval of the infrastructure plans, but no building permits can be issued until they are approved. If concurrent construction if being proposed, they must submit the material required under 18.74.030.C.1.b. Note that the infrastructure plans and the final site plan submittals are separate. Both must stand alone. These.plans have been submitted and approved by the Montana Department of Environmental Quality and City of Bozeman Engineering. The approval letters are located under Tab T. 5. Condition n:. Easements have not been submitted for the public infrastructure. They must be prior to final site plan approval. Easements and other legal documents have been signed by the Lowe's H/W and the landowner, Phil Saccoccia and they have been reviewed by the City Attorney, Tim Cooper. Final versions of these documents have been included with this package and will be forwarded to Tim Cooper. 6. Condition q: The curb cut permit has not yet been issued, but must be prior to FSP approval. An approved curb cut permit is located under Tab q. Pagel of 2 MA3373\003\Docs\fsite\PUD Conditions for Approval\Response to Comments-Murray.doc 7. Conditions s: The referenced details have not been submitted. Note that the infrastructure plans and the final site plan submittal are separate. Both must stand alone. This information was provided in the approved construction documents for the project. 8. Condition t: All required permits must be submitted prior to FSP approval. All required permits have been obtained with the exception of the MDT approval, which is pending MDT review. This approval will be forwarded to the City of Bozeman upon receipt. 9. Condition y: A construction route map must be submitted. A construction route map was approved by City Engineering and is included under Tab y. 11 Page 2 of 2 M:\3373\003\Docs\fsite\PUD Conditions for Approval\Response to Comments-Murray.doc f , IMPROVEMENTS AGREEMENT FOR LOWES HIW,INC. 1731 TSCHACHE LANE �k This AGREEMENT is made and entered into this day of M 2006, by and between LOWES H1W, Inc., hereinafter called the "Landowner", 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 Landowner to meet the conditions of City Commission approval for a Planned Unit Development application, Zoning Application No. Z-05128, to allow the construction of a large scale retail store development and related on-site improvements on the property in question; WHEREAS, it is the intent and purpose of the Landowner to obtain temporary building occupancy approval; WHEREAS, it is the intent and purpose of both the Landowner and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related to the property'hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for installation of materials depicted on the Final Site Plan approval of said Planned Unit Development application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being: Three parcels of land being Tracts 2B1, 2132, and 2B3, Certificate of Survey 1215G, located in the NW '/a, of Section 1, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana,being approximately 39.98 acres in size.. 2. Improvements This Agreement specifically includes the site related landscape improvements, landscape irrigation, and all other improvements as illustrated, but not yet installed, on the plans and specifications hereto incorporated by reference and made a part of this Agreement, as Exhibit "B", Final Site Plan, approved July 18, 2006. The estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit "A". Lowes HIW —Improvements Agreement 1 3. Financial Guarantee. Time for Completion of Improvements If occupancy of any of the structures is to occur prior to installation of the required improvements, all such on-site improvements must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one- half(1 %2) times the estimated cost of the installation of any required improvements not completed at that time, as set forth in Exhibit A. Said method of security shall be valid for a period of not less than twelve (12) months after issuance of a Temporary Occupancy Permit to occupy said structures. In any event, all required improvements on the site as delineated on Exhibit "B", which is attached and made a part of this Agreement, shall be completed within nine (9) months of issuance of a Temporary Occupancy Permit to occupy said structures. 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 Landowner is in compliance with this Agreement, and the Landowner 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 Landowner 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 Landowner at 1530 Faraday Avenue, Suite 140,Carlsbad CA 92008, or such other address as the Landowner 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 Landowner 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. Lowes HIW —Improvements Agreement 2 6. Indemnification The Landowner and Landowner hereby expressly agrees .to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Landowner further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Landowner. The Landowner is not an agent or employee of the City. 7. Attorney Fees In the event it becomes necessary for either party to enforce any of the terms or conditions of this agreement through the use of an attorney, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 8. Warranty The Landowner shall warrant that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Landowner as required by the Bozeman Municipal Code. 9. Governine Law and Venue This Agreement shall be construed according to the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 10. Modification or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Lowes HIW —Improvements Agreement 3 12. No Assienment It is expressly agreed that the Landowner shall not assign this Agreement in whole, or in part, without prior written consent by City,which shall not be unreasonably withheld. 13. Sacce�sson Except as provided in paragraph twelve (12), this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. LANDOWNER Y: -representing LOWES BMW Shelton Senior Vice President STATE OF&Alr :ss County of U)Kes 1 On this day of Paem bear ,2006,before me,a Notary Public for the State of ersonally appearedMzu,A :e- She_dh� <r. v Aes Je L known to me to be the person that executed the foregoing Improvements Agreement,and acknowledged to me that s/he executed the same on behalf of Lowes HIW,Inc. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written (SEAT.) :�HEILA H. VANNOY Name Here) 'la 041-fl 6Z Notary Public o%n +i North Carolina—Wilkes County Notary Public for the State of�DY 1 PAY Commission Expires /o- Residing at W d(less C!'P���� =- My Commission Expires; /a- - 02) (Use 4 digits for expiration year) THE CITY OF BOZEMAN Andrew C.Epple Lewes HIw —improvements Agreement 4 � TZ Z �� a Director of Planning and Community Development STATE OF MONTANA ) :ss County of Gallatin ) On the D day of, �Q Ce M��-r 2006, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, known to me to be the person described in and who executed the foregoing instrument as Director of Planning and Community Development of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. SEAL ��L \ ep— �"s \\0Iluuuu��, , (Printed Name Here) E.Hqs ,,��211 Notary Public for the State of Montana q'•' 0 Residing at , •�p•f A R lq 4• My Commission Expires: • • ,t = (Use 4 digits for expiration) * • FAL . '////" OIIFI I IIMI�Ok�`\\\\�� Lowes HIW —Improvements Agreement 5 EXHIBIT"A" ESTIMATED COST FOR IMPROVEMENTS ---------------------------------------------------------------------------------------------------------------------------- Date: Project: LOWES HIW, Z-05128 Developer: Lowes HIW ---------------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln. Ft. Estimated Cost Landscaping, Gazebo, Arbor Per Landscape Plan $ 181,490.00 Awning on East Elevation Per Approved Elevations $ 10,000.00 Engineering Per Unfinished Punch List Items $ 28,390.00 Total = $ 219,880.00 x 1.5 = $ 329,820.00 Approved by City of Bozeman Planning Office Date /� jb Lowes HIW —Improvements Agreement 6 • • VACANCY MITIGATION AGREEMENT The parties to this Vacancy Mitigation Agreement ("Agreement")are Lowe's HIW, Inc., a Washington Corporation ("Owner") and the City of Bozeman, Montana ("City"). WHEREAS, the Owner received conditional use approval to modify the Saccoccia Planned Unit Development, (#Z-05128)to construct a large format retail store in exceed of 75,000 square feet on Lot 1 of the Saccoccia PUD, more particularly referred to as Tract 2131 of Certificate of Survey 1215G within the city limits of the City of Bozeman, Gallatin County, Montana; and WHEREAS, as a condition of the approval requires the Bozeman City Commission approve a detailed Renewal Plan, which addresses all of the criteria set forth in the Unified Development Ordinance ("UDO") Section 18.40.180D: and WHEREAS, on June 6, 2006, the Bozeman City Commission approved the Owner's Renewal Plan, which is entitled "Vacancy Mitigation Procedures for the Lowe's HIW, Inc. ("Lowe's") Building" and attached hereto as Exhibit A and incorporated by reference herein; and WHEREAS, the parties hereto agree that the Vacancy Mitigation Procedure may never be implemented and therefore, the parties cannot concretely estimate the costs of maintenance of the exterior of the building, parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system for an unknown time in the future; and WHEREAS, in the unlikely event of permanent vacation of the Lowe's building, the effectuation of the Vacancy Mitigation Plan and the Owner's inability to maintain the building and the parking lot and access drives in good condition, the Owner shall simultaneous to the execution of this Agreement pay the City of Bozeman $25,000 to ensure that the City of Bozeman may maintain the exterior of the building, parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system and regular removal of trash and litter; and WHEREAS, upon payment of the $25,000 to the City of Bozeman, the City shall then be fully financially secured for the maintenance of the exterior of the building, parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system and regular removal of trash and litter and Owner shall have no additional monetary obligation pertaining to the Vacancy Mitigation Procedures; and WHEREAS, in order the secure and effectuate the terms of the Vacancy Mitigation Procedures for the Lowe's HIW, Inc. the City and the Owner enter into this Agreement. NOW THEREFORE BE IT RESOLVED, The Parties hereby agree as follows: 1. Incorporation of Recital: All recitals set forth above are incorporated in the body of this Agreement as if set forth in full. 2. Effective Date: This Agreement shall be effective upon signature of the parties and the payment of funds to the City of Bozeman. 3. Attachments: The Attachments cited herein are hereby made a part of this Agreement. 4. Maintenance: The Owner agrees to maintain the exterior of the building and the parking lot and access drives on Lot 1 in a good condition during any vacancy. Should Owner fail to maintain the exterior of building and parking lot and access drives in a good condition during a period of vacancy, the City of Bozeman may provide notice to the Owner, which must be in writing transmitted by registered mail return receipt required or a nationally recognize overnight courier to the address specified below, of such failure VACANCY MITIGATION AGREEMENT 1 6.17 1^ and demand that such maintenance commence within the thirty(30) days from the Owner's receipt of such Notice. Should Owner fail to commence said maintenance within 30 days after Owner's receipt of the Notice, then the City shall have the right to cause such maintenance to be completed utilizing the $25,000 payment or any portion thereof. The Owner and the City mutually warrant each to the other that the Vacancy Mitigation Procedure attached hereto and incorporated shall be in full force and effect until such time as the parties hereto amend, modify or revoke the same in writing after notice and an opportunity for the public to comment on any proposed amendment, modification or revocation. 5. Notices: Lowe's/Owner: Lowe's HIM Inc. Box1111 (Highway 268 East) North Wilkesboro, NC 28659 Attention: Property Management Dept. (REO) City of Bozeman: City of Bozeman P.O. Box 1230 (211 East Main) Bozeman, Montana 59715 Attention: City Manager 6. Attorney's Fees: Should either party be required to resort to litigation, arbitration or mediation to enforce the terms of this Agreement, the prevailing party, whether plaintiff or defendant, shall be entitled to costs, including reasonable attorney's fees and expert witness fees, from the opposing party. If the court, arbitrator or mediator awards relief to both parties, each shall bear its own costs in their entirety. 7. Third Party Rights: No person or entity who is not party to this Agreement shall have any right of action under this Agreement. 8. Scope: The Agreement constitutes the entire agreement between the parties and no statement, promise or inducement that is not contained in this Agreement shall be binding on the parties. 9. Assigns: The benefits of this Agreement to the Owner and the City may not be assigned without the express written approval of the other party. Such approval may not be withheld unreasonably, but any unapproved assignment is void. 10. Severability: If any part, term or provision of this Agreement is held by the courts to be illegal, the illegality shall not affect the validity of any other part, term or provision; and the rights of the parties shall be construed as if the part, term or provision were never part of the Agreement. Dated this day U vi e of 2006 City Official Owner VACANCY MITIGATION AGREEMENT 2 Vacancy Mitigation Procedures for the Lowe's HIW, Inc. ("Lowe's") Building In the event that the Lowe's building planned for Lot 1 (Tract 2131, COS 1215G) should at any time (or times) after its initial occupation be permanently vacated by any occupant, the owner or owners or occupant thereof(as appropriate) shall implement the following building vacancy mitigation procedures: 1. The exterior of the building, associated parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system shall continue to be maintained, secured, repaired or replaced in the same manner as when the building was occupied. 2. All exterior business signs shall be removed and exterior building surfaces shall be repaired and repainted to provide a neat appearance within 90 days after the property becomes vacant. 3. Trash and litter shall be removed on a regular basis at least once a week. 4. Should the building be permanently vacated by any occupant for a period longer than 6 months for any reason other than fire or some other casualty or a force majeure event, or alterations, remodeling, additions and/or similar construction activities, then the owner or owners or occupant of the building (as appropriate) shall thereafter implement with reasonable dispatch commercially reasonable efforts which are designed to cause the building to be reoccupied and devoted to any use or uses permitted in the Lowe's Planned Unit Development. 5. The owners of the building will took first for a buyer, lessee or user that desires the entire building for a use that is compatible with the PUD. The second strategy will be to demise the building for multi-tenant reuse or find a buyer or user that desires to demise the building for multi-tenant reuse. The Lowe's building is of such a design and character that it may be demised into three functioning building units each served by a landscaped pedestrian corridor. Demising the space will require modifications to portions of the heating, lighting, ventilation and fire sprinkler system components to adapt the building to reuse. These modifications and adaptations are subject to building permit approval at the time of building reuse. 6. Every lot in the PUD, including the uses anticipated by this vacancy mitigation plan, shall be used only for retail and wholesale sales and service businesses and other uses allowed in B2 and M1 zoning districts, including but not limited to retail and wholesale uses, service shops, financial institutions, offices, restaurants, convenience uses, hotels/motels, convention and meeting facilities, entertainment and recreational uses, health and exercise uses, wholesale storage and warehousing, technology/research uses, light manufacturing, and auto, boat, and recreational vehicle sales and service. 1 of 1 7. All or a portion of Lot 1 may be used for any permitted use as allowed under the Article III USE RESTRICTIONS of the Easements, Covenants, Conditions and Restrictions (ECCR's) between Lowe's HIW, Inc. and Saccoccia Lands 11, LLC and Saccoccia Lands III, LLC. 8. If at some future time the owner of the home improvement building to be constructed on Lot 1 elects to demolish this building, the City of Bozeman through the site plan review process in force at that time, may approve an amended site plan which might accommodate multiple tenants or multiple buildings, subject however to the square footage limitations set forth under Paragraph (4) of this Section, the satisfaction of all applicable regulations under the Lowe's PUD, the Saccoccia PUD and the Development Guidelines and ECCR's in effect at the time such approval is sought and subject further to requirements that that no new building be located closer to Sacco Way (a private drive) than the former home improvement center building. Off-street parking may be located closer to Sacco Way Avenue than the off-street parking for the home improvement center was located. 2 of 2 Clerk of Commission PO Box 1230 Bozeman, MT 59771 SECOND AMENDMENT TO EASMENTS, COVENANTS, CONDITIONS and RESTRICTIONS This SECOND AMENDMENT TO EASEMENTS, CONVENANTS, CONDITIONS and RESTRICTIONS ("Second Amendment") is made this 5'1�day of June 2006, by and between Lowe's HIW, Inc. a Washington Corporation ("Lowe's"), Saccoccia Lands II, LLC, a Montana limited liability company ("Saccoccia II") and Saccoccia Lands III, LLC, a Montana limited liability company("Saccoccia III") (the foregoing collectively referred to as "Parties"). WHEREAS, Philip Saccoccia, Jr. recorded Easements, Covenants, Conditions and Restrictions for the subject real property, described on Exhibit A, attached hereto and incorporated by reference herein, which were recorded on February 9, 2004 in the office of Gallatin County Clerk and Recorder as Document No. 2139990; and WHEREAS, Lowe's, Saccoccia II and Saccoccia III entered into that certain Easements, Covenants, Conditions and Restrictions ("ECC&Rs")dated October 21, 2005 and recorded on October 25, 2005 as Document No. 2207231 in the office of Gallatin County Clerk and Recorder and the Parties, thereafter, entered into the First Amendment to the Easements, Covenants, Conditions and Restrictions("1StAmended ECC&Rs")which was recorded in the office of Gallatin County Clerk and Recorder as Document No. 2207232 on October 27, 2005. WHEREAS, the Parties have entered into site development of Lot 1 of the Saccoccia PUD, more particularly referred to as Tract 2131 of Certificate of Survey 1215G for the construction of a large format retail store (in excess of 75,000 square feet) to be occupied by Lowe's HIW, Inc. and operated as a Lowe's store ("Lowe's site"); and 1 D JUN 0 6 2006 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT i 0 WHEREAS,the Parties, as part of the Lowe's site, agree to participate with the City of Bozeman in a redevelopment plan ("Vacancy Mitigation Procedure for the Lowe's site"), do hereby amend the previously. recorded Easements, Covenants, Conditions and Restrictions, as amended to comply with the approved Vacancy Mitigation Procedure for Lowe's site. NOW THEREFORE, the Parties, in good and valuable consideration of mutual benefit and advantages accruing hereunder and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: Upon the effectuation of the Vacancy Mitigation Procedure for the Lowe's site by Lowe's and the City of Bozeman, Paragraph 5, Article III, then Easements, Covenants, Conditions and Restrictions Sections 3.2 shall be amended to add a the following sentence at the end of Section 3.2 "The Owner of the building will look first for a buyer, lessee or user that desires the entire building for a use that is compatible with the PUD." No further writing shall be required to give this Amendment full force and effect. IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the Easements, Covenants, Conditions and Restrictions on the day and date first written above. Lowe's HIW, Inc. A Washington Corporation By: Its: Attested to: By: Its: STATE OF ) County of ) On this day of , 2006, before me, a Notary Public in and for said State, personally appeared , to me personally known to the person described herein and who executed the foregoing instrument, who, being first duly sworn, stated that he/she is the of Lowe's HIW, Inc. a Washington Corporation, and that he/she subscribed to the within instrument and acknowledged to me that he/she executed the same on behalf of the corporation. 2 Notary Public for the State of Printed Name: Residing at , My commission expires: SACCOCCIA LANDS 111, LLC A Montana limited liability company By: Its: STATE OF MONTANA ) :ss. County of Gallatin ) On this day of , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the of Saccoccia Lands 111, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. NOTARY PUBLIC for the State of Montana Printed Name: Residing at My Commission expires SACCOCCIA LANDS II, LLC A Montana limited liability company By: Its: STATE OF MONTANA ) 3 i • :ss. County of Gallatin ) On this day of , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the of Saccoccia Lands II, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. NOTARY PUBLIC for the State of Montana Printed Name: Residing at My Commission expires ACCEPTANCE BY THE CITY OF BOZEMAN: As to all provisions and amendments, of which the City of Bozeman is a third party beneficiary by virtue of the approval of the Saccoccia PUD, the City of Bozeman does hereby acknowledge these amendments and accepts the same. City of Bozeman By: C" 4, The City Manager Attestedi�',, Clerk of the Corn fission STATE OF MONTANA ) :ss. County of Gallatin ) 4 On this day of , 2006, before me, the undersigned, a Notary Public of the State of Montana, pe sonally appeared Chris Kakulski, manger of the City of Bozeman, known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. qQTAfR"UBLIC for the State of Montana Printed Name: Z.u-ra.e- Oak Residing at g4, ,2-n x ,,., t 2no-, «> My Commission EKpiresI U 5 JUN 2 3 200 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT PUD CONDITIONS OF APPROVAL CRITERIA BINDER for JUL 17 2006 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT LOWE'S H IW PUD 1N3WdO13A30 uINnvso ,J ONV 9N'NNVId 901NRVIUVVdK February 2006 90OZ s T inr REVISED BOAO �Mc�Euo J U N E 2006 LA. ' NJ REVIEWED & APPROVED E4TF P4N�'N 4ND - Prepared for: City of Bozeman Department of Planning and Community Development Prepared By: ® MoRRrsoN N O MODIFICATION E]EID MERLE,INC. of these plans and/or elevations An Employee-Owned Compaq without prior Written approval from the Planning Offie® ;� ;', �. .� � � 1� � !! (( �` `.�� �1 � �t i • `, � ' ' i _i �� .. a, + ` -�-^- �an..,i �,_ .� : U:'�. BOZEMANI, MT I { INDEX: ; I � PG.2 SIGN LEGEND —PG.3 BUILDING ELEVATIONS 1 (-PG.4,5,6 SIGN TYPE A(SPECIFICATIONS) PG.6 SIGN TYPE B(SPECIFICATIONS) I PG.•7- SIGN TYPE C(SPECIFICATIONS) PG.8 SIGN TYPE D(SPECIFICATIONS) PG.9 SIGN TYPE E(SPECIFICATIONS) r—PG.10----'SIGN TYPE F(SPECIFICATIONS) I PG.11 SITE PLAN BO f 3 L y THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL GREAT SIGNS FOR GREAT COMPANIES REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO WWW,hiitOndiSpiayS.COm VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. Bldg. cvationS BozEMAN, MT PG.4 PG.4 fir, ad "® � il�r®r®r� ilLnnnnnpuuur-- — mnulu �� lalmmuumnwol�:::._.■� 'a■._ :::::. �_��'� — - r rl.r� r.rr.l.>,r a Ian. .� �.■ ' .,.t� ." wnumminlumm�uulnymm�mr i� 1 �� 1�� U �- i'^='C�.�■ �.�.�.,. ,�l�l. ...'.�..''.�.1'� 7f� - - .era =.�:�[�—i— __...t�����.O���s•��rs�=!� �YN�.®■ ■lam.' 3��■r! FRONT • NO SCALE _ _ _ _ illf IIIIII'IIIII �����;,,�,_� ��- ;,� .�,ll►►)11, REAR �� M,• a .Fi '����ar�f9�. 1pry�� � � � nnnmt111 .��r'IN°all ' ��!l!���I-�. - Itmwmm�nul'��I�IIIIII Ilr■®�Ir �;ewrlw+r•arlr.� �nA�. �'�` I�',xl'"� �IIPIn^�.Wa�.,.# ■e ��� ■��1 ��■rrl Il�lf■Irrl�rr�rrr■�It�X�����.. X�III��X. fir .�.rl.■r ELEVATION LEFT — I R ---------- ------- l9gminn -- l�l�rr>_rrrrlrr ��rrrr. urrr � '�...,, ELEVATION •SCALE Alm Till L ,.-- il�,�� �Aoo RIGHT P I P I ELEVATION H/LTONDISPLAYS THE INTENT OF THIS DRAWNG IS TO SHOW A CONCEPTUAL GREAT SIGNS FOR GREAT COMPANIES VARIATIONSREPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO www.hiltondisplays.com FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAVVING. 125 Hillside Dr. (864)233.0401 Greenville,SC 1800)353.9132 29607 Fax:(864)242.2204 BOZEMAN MT • i 0 0 248 SQ.FT. Q Q 32'-0' a a L _J } 1731 000� Scale:3/32,=1'-0° I SIGN Q T-g" / Set Internally Lighted Lowe's Letters ' Mfg. (1)set of 7'-9" "LOWE'S"individual self contained Channel letters. Main ID letters i will be constructed from(.063 12"returns/A 25 backs)aluminum painted White with 125 white lexan polycarbonate faces attached with aluminum retainers.Letters are internally illuminated with 15mm 6500 white neon powered by 277v 60 ma trans- ��QS�soa9�o9 formers with 3m light enhancement film applied to the interior of the letters to intensify ; U y the illumination.Sign to meet all uI specifications and bear label.731 a .` r 6"BRONZE COATED LETTERS THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL GREAT SIGNS FOR GREAT COMPANIES REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO www.hiltondisplays.com VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. Ask � BOZEMAN, MT • Electrical/Installation Detail ,•_D• 1"X5/8`X1/16"ALUMINUM RETAINER - 1/26 THREADED RODC& r WELDED TO BACK _______ ___ _________ ____ ___ ___________ 1/2"NUT I I T L___ _ _ ____________ _ _ _ �� J .125"ALUMINUM LETTER BACK °i 2"X4" ELEC.J-BOX i IL -_ ____________ _____ _ ____ _ ____________ �`1n. _ J 3/8"SEALTRE FLEX ___ Q Y 15MM 6500 WHITE NEON L___ __________ ___ _______ _ ____ ______ _____• _______ PBKMC-51 SERIES - - 1 60mA/277V,TRANSFORMER �- 7'-9" Set Internally Lighted Lowe's Letters > SIGN 0 NOTES TO ELECTRICIAN 1. Each letter in"LOWEV sign will have the branch circuit wiring exiting through The Electrician must use the following procedure: D2 HOUSING front wall and Will tie into the appropriate letter junction box as shown above. 1:The HOT,NEUTRAL,8 the GROUND for each circuit must Coordinate exact power entry location with the sign manufacturer at the time be designated for neon transformers only. 01 sign installation.Electrician to connect pigtail to branch circuit wiring. 2:There must be NO other equipment on this circuit 2,277 Requires:Brown to(HOT) 3:The Polarity of these wires must be maintained all the way TUBE SUPPORT Gray Code to(NEUTRAL) back to the panel box. Green Code to(GROUND) .050"ALUMINUM GUSSET WELDED TO BACK AND RETURN 7'-9"PLEX FACE TOTALS .063"ALUMINUM RETURNS CHANNEL LETTERS O WELDED TO BACK TRANSFORMER PBKMG-51 PBKMC-51�6,060 MC-51 PBKMG-51PBKMG-5/PBKMG-51 9.060 6 . 7,560 9.060(2) 2) 9,060(2) 4,060 7,560 (2) 6,060 ?) 4,060 1 AMPERAGE 2.92 J.80 .20 3.90 0.07 3.24 20.OJ VOLTAGE 277 VOLTS NIA NEON FOOTAGE 51'-3" 77'-6" 98'-0" 1 67--8" W-8" 56'-9" 362'-10" 20 AMP CIRCUIT(S)RED. (2) ~�Py1JLBo 3 H GENERAL DESCRIPTION: LIGHTED LETTERS FABRICATED OF WELDED ALUMINUM y U• yC (.063' RETURNS) (.125' BACKS) (12"DEEP) O L Off~ CHANNEL INTERIOR WHITE LIGHT ENHANCEMENT COATING EXTERIOR FINISHED WHITE COLORS: FACES 3/16"WHITE ACRYSTEEL FACE RETAINER FINISHED TO MATCH RLIUHNS O l•�`,') o NEON: 15 MM 6500 WHITE THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL - WIRING: UL APPROVED W/ 20 AMP SWITCH EACH LETTER - REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO TRANSFORMERS: FRANCE PBKMG-51 SERIES 60MA/277V TRANSFORMERS www.hiltondisplays.com VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. MOUNTING FLUSH TO FASCIA WITH THREADED STUDS - BO MAN • •zE , MT 28'-6• ®=Primary Exits ---------------------------------------------------p------------------------------------------------------ , �2 ----�� IYZ2 I 12!D --- ----------------------------------------------------------------------- 36,(MIN)x 348'(MIN)Area to be reinforced w/%'Fire-Rated Plywood , (installed between existing metal studs) .5 AMPS Per Letter-8 AMPS TOW Scale:t/4"=r-o' SIGN © Indoor Lumber Yard self-contained The Electrician must use the following procedure: 2'-27 V-8"illuminated letters of fabricated 1: The HOT,NEUTRAL,&the GROUND for each circuit must &welded aluminum.Finished in White acrylic be designated for neon transformers only. urethane enamel 2: There must be NO other equipment on this circuit (Interior-white). 3: The Polarity of these wires must be maintained all the way ' back to the panel box. Faces of 3/16"white AcrySteel w/1" 277 Requires:Brown Code to(HOT) Jewelite trim White Gray Code to(NEUTRAL) Green Code to(GROUND) Internal illumination by multiple rows of 13mm white neon tubing w/electrodes into 61.7 SQ.FT PBKM Transformers.Transformers(60ma) All wiring UL approved (277v). �K Jewelite Trim I Primary Exit III�I� �I�II) III o 0 0 ° m III II�I� �i�ll III 13mm Neon Tubing Acrylic Face _—I F_ 277 v.Transformer 3/8"Non Corrosive Ji Fasteners eo,q�ro 1111!!!! I 4 6� UL y 1 �\ Scale:1/16•=1'-0' s NOTES TO ELECTRICIAN 4r 1• Each letter in"INDOOR LUMBER YARD'sign will have the 0 D O branch circuit wiring exiling through front wall and will GREAT 5/6,VS FOR GREAT COMPANICS THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL tie into the appropriate letter junction box as shown REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO above.Coordinate exact power entry location with the VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE sign manufacturer at the time of sign installation. www.hiltondisplays.com FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. 2.Electrician to connect pigtail to branch circuit wiring. • NOTES TO ELECTRICIAN BOZEMAN MT t• Each letter in GARDEN CEN Ignwillhavethe f Garden Center self-contained branch circuit wrong exiting through front wall and will SIGN ® tie into the appropriate letter junction box as shown I .5 AMPS Per Letter- 6 AMPS Total above.Coordinate exact power entry location with the sign manufacturer at the time of sign installation. 2'-2"/1'-8"illuminated letters of fabricated 2. Electrician to connect pigtail to branch circuit wiring. B8=Prima Exits &welded aluminum.Finished in White acrylic Primary urethane enamel All signs are furnished with factory mounted disconnects. (Interior-White). 3' All signs are furnished with factory mounted disconnects. 277� Requires:Brown Code to(HOT)„ Faces of 3/16"white AcrySteel w/1" Gray Code to(NEUTRAL) N e D Green Code to GROUND . Jewelite trim White. (GROUND) <V Cp � _�___ ___®___ ___ _ ___ _- �___- ® The Electrician must use the following procedure: Internal illumination by multiple rows of ��- — 13mm white neon tubing w/electrodes into t:The HOT,NEUTRAL,&the GROUND for each circuit must be designated for neon transformers only,. PBKM Transformers.Transformers(60ma) 2:There must be NO other equipment on this circuit All wiring<Jt approved (277V). 3:The Polarity of these wires must be maintained all the J back to the panel box. CT— CVJr aO Q� I.S.1 LScale:318"=1'-0° Lexan Face Mullion 52 SO.FT. (Letter) ff 1 _ s l� I ° n Thru Bolt ' Q Letter 4 Fender Washer Ln THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO www.hiltondisplays.com VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. c� BOZEMAN, MT s SIGN®, LOWE'S @ Bozeman; MT Scale:ys° = V-o" Secondary Multi-Tenant Ground Sign 162 Square Feet of Signage 1 T-V Lowe's Cabinet i---11'•7'Tenant Cabinet tan a de T —TS%CoatT match 'Sierra Tan* r. internally$ , Illuminated LOWE'S IAWE'S Letters --- Tenant Tenant — Tenant Tenant Internally Illuminated N Tenant Cabinet with a.a. Tenant Tenant Lexan Faces Pole covers finished to match bldg."Mossy Rock (Natural Stone)' O D s A THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL �`Qg�o 9f0s GRC47-S/ONS FOR GREAT COMPANIES REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO 3 H WWwAiltondisplays.Com VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE y yC FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. °tio �.' - BOZEMAN, MT SIGN MLOWE'S @ Bozeman, MT Scale:1/41,=1'-0" 11'-4° Main Sign Cabinet Secondary Multi Tenant Ground Sign 10'-4 Yx° Lowe's Ltrs 56 Square Feet of Signage 6'-0°Tenant Cabinet -— -- -- -— ------- Metal Coping - - 'Standard White' I I Texcoated to match ® °Sierra Tan" Internally Illuminated LOWE'S Letters Tenant Tenant Internally Illuminated Tenant Cabinet with o Lexan Faces Tenant Tenant Tenant Tenant 0 0 N Pole covers finished to match bldg.'Mossy Rock (Natural Stone)" o D THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL ��Py`AaO`�ro ° REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO a U� m www.hiltondisplays.com VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE ; FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. �oH� d,YyC a � BOZEMAN MT • SIGN LOWE'S @ Bozeman, MT Scale: 1/41'= 1'-0" Secondary Multi-Tenant Ground Sign 56 Square Feet of Signage 11'-4" Main Sign Cabinet 10'.41/? Lowe's Ltrs �—6'-0" Tenant Cabinet Metal Coping -- ------ —-- — "Standard White" --- I I Texcoated to match "Sierra Tan" o � Internally Illuminated LL LOWE'S Letters q — Tenant Tenant Internally Illuminated T _ _ Tenant Cabinet with o Lexan Faces Tenant Tenant s " E� Pole covers �_r7 Tenant Tenant finished to match j �J bldg."Mossy Rock I "1 (Natural Stone)" 1 p s�eor�y THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO a VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE �+ •� 5 WWW.h1ItOndiSplayS.COm FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. Aft � BOZEMAN MT • EI i A E" d nn I O u i OWN IN, a I III 111 ��y Wilt ���f.�I I}If1'fI I}II'I L�L'iI U,I �, • ' UIIIII IIUII111111 ' . 11 I I I III I IIIII I F o THE INTENT OF THIS DRAWING IS TO SHOW A CONCEPTUAL GREAT� o REPRESENTATION OF THE PROPOSED SIGNAGE. DUE TO www.hiltondisplays.com VARIATIONS IN PRINTING DEVICES AND SUBSTRATES, THE v+ �� e FINISHED PRODUCT MAY DIFFER SLIGHTLY FROM DRAWING. II • ENGINEERS MORMSIN SURVEYORS II PLANNERS SCIENTISTS MMERLE, INC. 3011 PALMER STREET-MISSOULA,MT 59808.406-542-8880•FAX 406-541-0009 An Employee-Owned Company July 21, 2006 p a Mr. Chris Saunders JUL 2 4 2006 City of Bozeman (DEPARTMENT OF P(gNNING P.O. Box 1230 AND COMMUNITYDEVE�OpMG Bozeman, MT 59771-1230 Subject: Proposed Lowe's of Bozeman, MT "Master Sign Package" Dear Mr. Saunders, Attached for your review and comment is the proposed sign package for the Lowe's project. This sign package is designed in conformance with the B-2 zone for allowable sign area and in accordance with the Saccoccia PUD Development Guidelines. Modifications to this package are incorporated based on your previous comments. The proposed sign package incorporates design ieliaments outside of development guidelines. Building signage lettering is enclosed with aluminum backing to accomplish two goals. The first goal is safety. It is the opinion of Hilton Displays, that large, lit signs should be shielded from the building with aluminum backing to prevent a fire condition. The second • goal is to prevent light pollution. Without backing behind the sign letters, a halo effect of light is unnecessarily dispersed. We request feedback from the City on this package. In addition, please provide direction on the appropriate sign permit application process. Thank you for your immediate assistance Hilton Displays and I look forward to your comments. Sincerely, Morrison-Maierle, Inc. n ly SkorpikPl= ' _ Project Manager cc: Annette Rodgers, Hilton Displays Jack Mandel, Lowe's HIW • Keith Belden, MMI "Providing resources in Partnership with clients to achieve their goals" S MORMSON NO MMERLE,INC. • Enclosures as listed above. M:\3373\003\Docs\corres\saunders072106.doc Standard Package Submittal BOZEMAN, MT o p ® e www.hiltondisplays.com 2006REVISED 7-20-06 0 s • TRANSMITTAL DESIGN AT WORK TO City of Bozeman DATE 7.14.06 Planning and Community Development PROJECT Lowe's of Bozeman, MT -20 E. Olive Street PROJECT NUMBER 01-3880-03 07 Bozeman, MT 59715 NUMBER OF PAGES Including Cover Page ATTN Chris Saunders PHONE 406.582.2260 FAX 406.582.2263 FROM Elisha Stanard CC Morrison Maierle; file SEND VIA, Fedex First Overnight - By 8:30 am ' RE Lowe's HIW PUD #Z-05128 Revised FSP plans J a Z K >O O O ~ r a a a i w Z 6 .5 W u Ow QTY DESCRIPTION a 2W �� O O O O O 0 W W 2 W O O Za0 U� 1'N 1K 7 Revised elevation A-2.0 added awnings and omitted chainlink X X X 7 Cut sheet— vinyl coated welded wire mesh X X X 7 Revised exhibit A-7.1 added bollard at trash com actor X X X NOTES For your use to include in the Final Site Plan package. h:\lowes\01-3880-03&-04 bozeman\02corresp\204jurisdiction\cityofbmt trans 071406.doc Privileged and confidential information: the information in this document is intended only for the use of the above named recipient.Any wrongful review,dissemination,distribution or copying of this communication is strictly prohibited. If errors occur in transmission,or enclosures • are not as noted,please notify us at once. 425.463.2000 1110 112TH AVENUE NE I SUITE 500 1 BELLEVUE, WA 1 98004 425.463.2002 MulvannyG2.com TABLE OF CONTENTS Final Plan Submittal Requirements Final Site Plan Landscape Plan ECCRs Development Guidelines PUD Conditions of Approval Responses to Conditions CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 406-582-2260 �•. 20 East Olive Street D 406-582-2263 P.O. Box 1230 —-p i i @bozeman.net Bozeman,Montana 59771-1230 JUN 2 3 2006 bozeman.net DEVELOPMENT REVIEW APPLI RTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 1.Name of Project/Development: Lowe's Home Improvement Warehouse Planned Unit Development 2. Property Owner Information: Name: See supplemental sheet for owner information. E-mail Address: Mailing Address: Phone: FAX: 3.Applicant Information: Name: Lowe's HIW,Inc. Attn:Jack Mandel E-mail Address: jack.r.mandel@lowes.com Mailing Address: 1530 Faraday Avenue,Suite 140;Carlsbad,CA 92008 Phone: (760) 804-5309 FAX: i760)602-1018 4. Representative Information: Name: Morrison-Maierle,Inc. E-mail Address: kbelden@m-m.net Mailing Address: 306 W.Railroad St.,Suite 105;Missoula,MT 59808 Phone: (406) 542-8880 FAX: (406)542-0009 5. Legal Description: Tract 2B1,2132,and 2133 of COS 1215G;NW 1/4,Section 1,Township 2 South,Range 5 East 6. Street Address: 1731 Tschache Lane,Bozeman,MT 59718 7. Project Description: A planned unit development within the Saccoccia PUD with Lowe's HIW,a large format retail store,as the first phase.Project also includes a boundary realignment. 8.Zoning Designation(s): Saccoccia PUD;B-2 9. Current Land Use(s): Agricultural 10.Bozeman 2020 Community Plan Designation: Regional Commercial Page 1 Appropriate Review Fee Submitted Q I' CITY OF BOZEMAN REPRINT ** CUSTOMER RECEIPT *+�# I Oper: PROFCASH Type: EP Drawer: 1 Date: 6/28/06 02 Receipt no: 158725 Description Quantity Amount WR PAY IN LIEU WATER RIGHTS + . , LOWES CASH-IN-LIEU 1.00 $16854 70 Tender detail CK CHECK 819884 816854.70 Total tendered $16854:70 Total payment $16854.70 Trans date: 6/26/06 Time: 9:40:35 THANK YOU! FEE 27 200S 14:43 FP, LOP PEAL ESTATE 7606021016 TO 141,�'S420009 P.02/02 J3 Giosv.urea: Acrm. 39.99 Sgitura Pce4 1,71-4,964 12.NcLArca: AcreB: 3S.15 Square rcer 7,660,943 13.1s the Suhrjert Sign Withlin an Ov=lay Ditstdct?. [f Yce,anemc question 3a ❑ No,(m ro q»eetiori•14 J 132..WILich Ovtt]ny District'-? C Cameo ❑ N64hilarhood Com—vatioxi ❑ Entirm Cotd&or -7 14.V:M thla application requir_n deviation(x)+' ❑ "i'm ❑ 1'u 15.ApuHcatim Type(p'ilevue check till that npply): ❑O.PlaancdTlnitDevclopmett-•ConcrntPlm ❑A,si etch Al:fa::llcgtdste'A6vhics in Itrgulitac Wa&mds ❑P_Plannrc Unirllevelopment-PreliminaryPlan ❑IL xtusc Cbaugc in.'l3oc,Futthez L�e7cloamta Psa 9/3/97 Sic 0 e,P3u�7e e1lJuit Dectlapmrnt—Final Plau ❑CArucndaicnr/klodilintio::o;Plnn A.pprove:'_On/Aft?--V3/91 ❑RmnnedLlnir.DevtJoptna ❑n.11cuse.Ga�+peiuU6c,Furlu:I]evdup�nent�mcrocim�a:/C09 ❑•S 5il�divi�cnl'zc-npplicatioc ❑L.Specid'I'cmp om-7liu.Permit ❑T.5ubdivisiaa PreliminarT Plc- �]Y.Slmtdi PL•r,,'CCLA ❑U.Subdivision'F-'=1.Pht ❑G Sheetcb.P1,m/C0A mifn an Iomm-ificnuon u.`TJ- ❑17 SnUvision.Exemption ❑I3 Prr]iarruat3 Site Ylau/COrI ❑W,J`.==Atiaa ❑L Pvcl nine m C.-ePhm ❑X Z.aniag'ar.Am=dmra- �r O]• Pzs 1Sasmt Site Plan ❑Y.Unifial Development O.rriin=re Tact A=t:md=nt ❑IC eoeakia"i mr..rewit [�Z.znnsg�a=anae j]L,GOndinoaal Usc Paza t/CO.�\ ❑Art.Gratrnh Policy 2&p A==dorm ❑hf. BB.G=vrh PoLep TGtjmcndmmt — ' ❑N.A&=ic o=Ati rr IncupcemtionApp:al ❑Ot}uz 7b✓application at plats,acjoiner iarfsarrruttian and rant_i ala mid f'r� (sec Development Itrvirw A.ppficatinn Tlaefd=mw-u and 7;=). The plain w plsro ta=ht drama TO scale-Oa ptaee not'6mc:iet fart Er/r Ivy 11-ineha 24-by 36-inel,e-rfabled ivm individual sere sm lsrger than Al/.—by 14-iarltes. If3�ag hincic� gill bo usu3, 0=7 must iu:lude a table of caatents snd tabbe,-' dividers':)=m rn armians. AFI)Hmdoc dtadl:uc rse 5.00 pm etarp Tumd2T. Tnir. application most be sigacd*bOdt the apr_plicnot(s)and die pzaperry owner(i)[if dif=ent before the mbmiT=1,m,2!ba neeeptcd rlrq iri liemed by the signantm(s) nalow, die applitxnt(al lad propcap amnes(a)suhrait d1b appr=tion fin rrviem under the:harm:anr] pruviaiom of the liOr —Muaiapal Cade It is huthccindicotad that ataymatL nadt:rLa1 an to eompled n devcnptaau,apnrovedby thn LISy OfBOZemap;loll beta cnnfntamnar.�the icyuiaxtt:ats of the 1;ozctasm Il4nai.-:aal COdc and sap epeall eoaditiOme esmblit:aed by the sppmsahmuthority. rinallp,I aelmomledge that the Gry bat an Impact:Pet P.ro¢tmx end impact tea msyrbe assearad Lm2r=r.prmjecL I Cwe)11=11Y eeaiip that the Ol)Ooe o=ioni ttut nad wstect to the bat:t of my(ata)Imoalcdge. Applioam,es Sigt t : H� Dutc: Z n Appbczm's Sigunucc: I Date, Pmperty Owner's Sienartut;: Date: / Psopctty Owners Si --C rew.�6 1,4. •�• Dare: Property Ownce'x 5igaaturc ei,,,46...�. ►..e...+1.ta� 1 Dasc. 'f-/'j-'7�.06 (DNanpmc�aer:e.•AppGnrtae—r:�^•^•a ll�zslni> . 1 SUPPLEMENTAL SHEET TO DEVELOPMENT REVIEW APPLICATION FOR PLANNED UNIT DEVELOPMENT CHECKLIST PROPERTY OWNER INFORMATION The property in question, located at NW '/ of Section 1, Township 2S, Range 5E,has more than one owner. Ownership is broken down in the following manner. Tract 2B1 of COS 1215G is owned by: Lowe's HIW, Inc. 1530 Faraday Ave, Suite 140 Carlsbad, CA 92008 Jack.r.mandelglowes.com Tract 2B2 of COS 1215G is owned by: Saccoccia Lands II, LLC 1234 Springhill School Rd Belgrade, MT 59714 Philil)Sacco6ciaJr@vrodigy.net Tract 2B3 of COS 1215G is owned by: Saccoccia Lands III, LLC 1234 Springhill School Road Belgrade, MT 59714 PhilipSaccocciaJr@prodigy net • JUN 22 2006 13:59 FR 0 TO 1*424801 P.03iO3 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fox 406-582-2263 P_O. Box 1230 planning@bozemun.net Bozeman, Montano 59771-1230 www.bozemon.net FINAL SITE PLAN APPLICATION 1.Name of Project/Development: Lowe's Home Improvement Warehouse Planned Unit Development 2.Property Owner Information: Name: Lowe's H1W,Inc. Atm: Jack Mandel E-mail Address: jack.r.m=del@lowes.com Mailing Address: 1530 Faraday Ave.,Suite 140,Carlsbad,CA 92008 Phone: 760-804-5309 FAX: (706)602-1018 3.Applicant Itnformation: Name: Lowe's H1W,Inc. A= Jack Mandel E-mail Address: jack.r.mandcl@lowcs.com Mailing Address: 1530 Faraday Ave.,Suite 140,Carlsbad,CA 92008 Phone: 760-804.5309 FAX: (706) 602-1018 �IAg�,lDescription: Tract 2B1 of COS 1215G 5.Street Address: 1731 Tschache Lane,Bozeman,MT 59718 6.Project Type: Q Site Plan ❑ Site Plan/COA []CUP ❑CUP/COA ❑ PUD ❑Other: 7. Project Description: A planned unit development within the Saccoccia PUD;Lowe's H1W is the first phase. 8.For condominiums: Is a digital copy of the layout attached? ❑ Yes ❑✓ No Certification of Completion.and Compliance—I understand the conditions of approval and the submitted final site plan or muster site plan have complied with any conditions of approval or corrections to comply with code provisions. Statement of Intent to Construct According to the Final Site Plan— I acknowledge• that construction not in compliance wirh the approved final site plan may result in d ys of occupancy or costs to correct noncompliance. Applicant's Signature: B tTi Date: 6 Applicant's Signature: Date: Property Owner's Signature: Date: 6 �� operty Owner's Signature: Date: (Final Site Plan AMUcation—Prepared 12/10/03.revised 01/0S/05) ** TOTAL PAGE.03 ** • 0 PLANNED UNIT DEVELOPMENT CHECKLIST The appropriate checklist shall be completed and returned as art of the submittal. An item checked "No" or 'N/A" not P P Y ( applicable)must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.. A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. Data regarding site conditions,land characteristics,available community facilities and ❑ ❑ ❑ utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, ❑ ❑ ❑ major streets and other significant features on the site and within one-half mile of the site 3. A computation table showing the site's proposed land use allocations by location and ❑ ❑ 1 ❑ as a percent of total site area B. ❑ Planned Unit Development—Preliminary Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the f6howing order: a. Application forms ❑ ❑ ❑ b. A list of names of all general and limited partners and/or officers and ❑ ❑ ❑ • directors of the corporation involved as either applicants or owners of the planned unit development C. Statement of applicable City land use policies and objectives achieved by the ❑ ❑ ❑ proposed plan .and how it furthers the implementation of the Bozeman growth polity d. Statement of the proposed ownership of open space areas ❑ ❑ ❑ e. Statement of the applicant's intentions with regard to future ownership of all ❑ ❑ ❑ or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial ❑ ❑ ❑ uses g. Description of rationale behind the assumptions and choices made by the ❑ ❑ ❑ applicant h. Where deviations from the requirements of this title are proposed, the ❑ ❑ ❑ applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria),BMC.The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require,or the applicant may choose to submit,evidence that is beyond what is required in that section.Any element of the proposal that varies from the criterion shall be described i. Detailed description of how conflicts between land uses of different character ❑ ❑ ❑ are being avoided or mitigated • j. Statement of design methods to reduce energy consumption, (e.g., ❑ ❑ ❑ home/business utilities,transportation fuel,waste recycling) Page 3 (PUD Checklist—Prepared 12/2/03;revised 9/21/04) i 0 PUD Preliminary Plan Information,continued Yes No N/A 1. The following information shall be presented in an 8/2-by 11-inch vertically bound document.The document shall be bound so that it will open and lie flat for reviewing and organized in the following order: k. A development schedule indicating the approximate date when construction ❑ ❑ ❑ of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and ❑ ❑ ❑ graphic illustrations at 8'/2-by 11-inches or 11-by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: a. Notations of proposed ownership, public or private, should be included ❑ ❑ ❑ where appropriate b. The proposed treatment of the perimeter of the planned unit development, ❑ ❑ ❑ including materials and techniques used, such as screening, fences,walls and other landscaping C. Attorney's or owner's certification of ownership ❑ ❑ ❑ 3. Viewsheds: a. Looking onto and across the site from areas around the site,describe and map ❑ ❑ ❑ the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent ❑ ❑ ❑ off-site locations 4. Street cross-section schematics shall be submitted for each general category of street,including: a. The proposed width ❑ ❑ ❑ • b. Treatment of curbs and gutters,or other storm water control system if other ❑ ❑ ❑ than curb and gutter is proposed C. Sidewalk systems ❑ ❑ ❑ d. Bikeway systems,where alternatives to the design criteria and standards of the ❑ ❑ ❑ City are proposed 5. Physiographic data,including the following: a. A description of the hydrologic conditions of the site with analysis of water ❑ ❑ ❑ table fluctuation and a statement of site suitability for intended construction and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BMC b. Locate and identify the ownership of existing wells or well sites within 400 ❑ ❑ ❑ feet of the site 6. If the project involves or requires platting,a preliminary subdivision plat, subject to ❑ ❑ ❑ the requirements of this title relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the ❑ ❑ ❑ discretion of the City Engineer,a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses.The Director of Public Service may require the traffic impact analysis to include the information in Section 18.78.050.L, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement 8. If the development's compliance with the community design objectives and criteria is ❑ ❑ ❑ under question,the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development 9. A proposed draft of a legal instrument containing the creation of a property owner's ❑ ❑ ❑ association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application Page 4 C. ❑ Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A 1. A list of names of all general and limited partners and/or officers and directors of ❑� ❑ ❑ the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan.If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) 0 ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat ✓❑ ❑ ❑ C. Attorney's or owner's certification of ownership 0 ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑ ❑✓ ❑ conformance with the preliminary plan C. Owner's certification of acceptance of conditions and restrictions as set forth ❑� ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the ❑✓ ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any states conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit ❑ ❑ Q development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits • 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans ❑ ❑ and specifications for sewer, water, street improvements and other public improvements,and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section ❑� ❑ ❑ 18.72.040(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the constraction of Pny structures not shown on the final plan Page 5 w_ co M m a w -5D -RG� - - __ -- '� ���. _ z -� - -- \ 1~ _ �¢>s;472 P FINAL SITE PLAN AND BARTER LANE ��-_ y - - �4 REAM IME NSM 72 NAL I DATE DESCRIPTION FINAL PLANNED UNIT DEVELOPMENT OW HIM INC \ - OR / \ , .> 1 25j GREENWAY \ LOCATED x >�_ \_ � .� �•�� � � II N , - - � �-� � ED IN SECTION ; 1 , T2S, R5E, P M M. OPENSPACE/ � II `-4>so _W` \ � �� ,� I ! � \ � �r\ � GALLATIN COUNTY, MONTANA _ ��� eR0 OSED SI I I I �' : 1 _� \ � _ \ I�f III \ •1 t , I ENGINEER: LOT \ �._q>3 I URISDICTIONAL -_ r_. MORRISON-MAIERLE, INC. \ \ L--4730 \ - �� WETLANDS �;�"./ ` - Fir. 3011 PALMER STREET z� 'n \ \ �_ \ ./ =��\ - I i'•' 1` ' MISSOULA, MT 59808 s� �. • • LOWSS INC. 1530 FARADAY AVE., SUITE 140 PROJECTHIT ' 1 - _ \I �/� '�• `� �. PI�OPG3ED CARLSBAD, CA 92008-4�3O\ UL I r NTIO N� \ , • . >at Sr. PROPOSED POND . \ SEWER MAIN STUB- OWNER _ 2 PHILIP SACCOCCIA, JR. € _ ` $I -� -4730- INSiALL�I'EMPORARY � _ __�; ``\s� 1� 991 EAST BEACH BOULEVARD DRAINAGE SAL -� �4. 'II I !\"` \:/ \ ��_ \ \ .` ii "a PASS CHRISTIAN, MS 39571 DURsrON RD 11• t I m \ \ \ PR P " LEGEND: 0 O `,,/"S'�o_8\SEWER \ 11 \ � I „ \ - ._ PUD OPEN SPACE(OTHER) � - 10" WATER MAIN STUB PROPOSED SEWER MAIr>; x1EN510N vi\I II'I "` PROPOSED WATER MAIN EXTENSION \ /'"' \ I In ( - STREAM SETBACK •� i " i - ✓ MAIN EXTENSIONI \ ✓ 4" GAS MAIN / \\ - II _ 1. I / ,�j \ ` r_ \ GREENWAY OPEN SPACE 14 VICINITY MAP �g atir- I " _ c � RIGHT-OF-WAY NOT TO SCALE v �8 - d• \ -30" RCP N - _I I \ OR PUBLICACCESSIEASEMENCATION TI.9 ACRES) �� 8 30 RCP 1 II Io _. .. 12" DIP.:, - �. _ 10 0� M'' ts� " x V B" SEWER MAt� STUB -../ OBLIGATED OPEN SPACE ' E w I \ s LOWE'S S/TE DATA g I DIP �11 _ �.\��V 1 TRAIL/SIDEWALK 12" WATER MAIN STUB\ /� ,� NetAcreaoe: w � 1 I ACCESSIBLE PARKING STALL "m HDP \ \ { Lowes Tract Y5.54 mi 18' ,20•.J ,2d' N I \ ': I �j / .> W WF INND Baxter Tract 21.89 tee , Y I- s i I T t 1 I \ o W W Tschache Lane Tract 0.70 Q \ r AREA HANDICAP RAMP Total 3B f3 �g ` I / \\ \ L \ \ Main Bui/ding ❑a❑ 'E 8 I x \ „ FIRE HYDRANT Sales Floor 117,347S.F. 3 r O r' \ II �V Office Area 3,894 S.F. WATER VALVE Receiving/67orage f0,OB2S.F. Uti/ifyRooms 1,3BO S.F. G SEWER MANHOLE I/estibutes: r � I i\ Main Entrance >049 S.F. LOYVE'S .I.W H .•INC. � �,- i I � 9' / e�1� Y I I �� \ � ✓- -�`� � 1 ® STORM SEWER MANHOLE Main Exit 331 S.F. Lumber 480 S.F. 1530 FARADAY AVE.,SUITE 140 ■ STORM SEWER INLET MA/NBU/LD/NG TOTAL 134,563 S.F. CARLSE{AD,CA 92008 I x � . _ CART-RE NRN �� 6,3BB S.F. •780 804530M 760 9189112l FPROPOSED shade SuctresTORMWATER M PICNIC Es cnre�dA�e Qef7sF I I1�ETM "wIT."L RlII ® TABLES w"I a BIK,RACK Garden Center TotalZ02SF • � "�� •LOT 1 4" GAS MAIN \) I l I FF ,: : l \ HEAVY DUTY CONCRETE Parking Reau/rements.• ro I I / 1 739.0 BENCHES Lo"I;Paiftg Required., Stallard 610O LOT {' I/' I 12-0IP \ HEAVY DUTY ASPHALT Handicapped 12 l COLORED CONCRETE WITH PATTERN *..• I '� \ Tofa/Parking Regw-d 622 I1 10" FIRE LINE GAS METER �I ' �, \ \ \ _ / 1°` w-WATER LINE R�"4.5(e�ceanans7 - LocalFal l\I, ' `h i ' \ r/Requirod GAS SERVICE LINE 55-SEWER LINE Standard 44 Z`DOMEST \ CE SD-STORM SEER UNE hanp 9 / \ Tate/Parking Required 561 MAX fal �,� SD �l I 2" IRRIGATION SERVI E IN I I \ w\ I u I I r \ \ \ LOT:LINE Park/ngPzvWded.- IRRIGATION SERVICE OUT J k, _ - Standam' 450 ^ '•:".`r I I x ` ' \ - - - i4735-EXISTING MAJOR CONTOUR Handicapped 12 m PROPQSED SEWE i -� 6" SANITARY-SEWER SERVICE ., \ / E MINOR CONTOUR J&m 1 yr ,9 452 EXISTING Tafa/Paddng Provided =ss oa0 o / � MAIN`EXTENSION I\ l" I I i� \ ., r� � � it � \- PROPOSED MAJOR CONTOUR Z • ' 30 I ` I - =� -.•:� ,�, ii I I 1 \ \ /� \ � - -" _?`-------PROPOSED MINOR CONTOUR WELL GENERAL NOTES: •il \ / 1. BAXTER AND CHE INTERSECTIONS ARE BOTH SIGNALIZED. \ - - - I I \ \ TSCHA _ z Y 'I J \ l 2. PROPOSED LOWE'S GREEN SHALL HAVE PARK FURNITURE FOR USE BY THE PUBLIC, THE w m I N CUSTOMERS AND EMPLOYEES OF LOWE'S. w jr �'�' ` 1 / \-�\, > I it \ \ \ 3. THE PORTIONS�OF BARTER LANE AND TSCHACHE LANE SHOWN AS "ROW" WERE EASEMENTS.PREVIOUSLY w GRANTED TO THE CITY OF BOZEMAN AS PUBLIC STREET AND UTILITY ACCESS EASEMENTS. O ®PROPOSED WATE � •'•• : \, it �. MAIN EXTENSION a I\ _ .I I \ / -� 7 J 4. REFER TO COS 1215G FOR RECORD INFORMATION. LU Q s 1 X 5. SEE LANDSCAPE PLAN FOR LANDSCAPE PLAN INFORMATION. Q Q z 1.„ IP _ :''y lA.�'; \ 1 rti / 6. CONSTRUCTION ROUTES SHALL INCLUDE INGRESS AND EGRESS OFF OF BAXTER LANE AND Q Z �aa, u t.A'.� f WATER MAI STUB `, \ s, ^� TSCHACHE LANE ONLY REFERANCE SHEETS SW-4 AND SW-5. Z - �1PI .. Ni, - _ J, ,.. a..:'• .%��'„_•' it - 0 0 "".i -: --_. ..------.. t._J. ..�;;"�.- "=_ AO •`�J t •P�• '� s' 1 .' - \ GRAPHIC SCALE Q Z Z 7. FLOOR AREA TO LOT SIZE IS 0.24 FOR LOT 1. _ __ _ H y , r49�T• 1_ %~ ' JUL 18 20�6 LL /I \ -4i4o o - �., � \. Rr> r L ! 8. REFERANCE PUD APPLICATION BINDER FOR SUPPLIMENTAL INFORMATIO tl u � � Q -4740 184 ;I: 2�0-P ... _ SNOW STORAG `;1 �tYssoh= so tt �� l �DECvaRrMEN70F PLANNING- 30• ;,- ,47a0 1 �1 \ \ ` TEMPORARY TI N FACILITIES MAY BE LOCATED ON ANY PORT co Z L LLI � z y L0T2 �?'� /• \ ✓ / J / \ - s EXCEPT AREAS DESIGNATED AS WETLAND, STREAM SETBACK OR GREENWAY-SETBACK.0 J ZQ N W z PROP SEDxWATER II \_ Q W :L bN AMMENTOFPLANNING - _ / MAIN EXNSI N 1 LOT 1 LOT 2 LOT 3 TOTAL Z J 0 O 0 3 © LOWE'S GREEN ' - ''' I GROSS AREA 15.93 ACRES 0.83 ACRES 23.23 ACRES 39.99 ACRES I TRkIL/SIDEWALK �- J m C� a oo / SEE LANDSCAPE PLAN. PROPOSED SIGN ` \ 1 J / \ NETAREA 15.54 ACRES 0.70 ACRES 21.89 ACRES 38.13 ACRES • • 1\ l = PROPOSED SI`N - �� \ \� I I EWALK \ \ - OWNERSHIP WE'S HW INC. PHIUP SACCOCC JR. PHIUP SACCOCCIA,JR. ORIGINAL --- - 0 25' I BUILDING SIZE 134,563 31,202 SF TIED TBD ISSUEDA7E SIDEWALK �' I• "I. 4:_/ SID WALKS I `�I \.A�A / OPEN SPACE REQUIRED 4.66 ACRES 0.21 ACRES 6.57 ACRES 11.44 ACRES PERMIT SET 4106 ISSUE DATE: OPEN SPACE PROVIDED 3.88 ACRES 0.24 ACRES 7.97 ACRES 12.09 ACRES - GREENWAY 0.28 ACRES 0.11 ACRES 1.44 ACRES 1.83 ACRES CONSTRUCTION SET STREAM 068 ACRES 068 ACRES ISSUE DATE: - OTHER 3.60 ACRES 0.13 ACRES 4.94 ACRES 9.58 ACRES D NG NUMBER: - OBLIGATED 0.91 ACRES F S P 1� / OPEN SPACE NEEDED -0.03 ACRES -0.78 ACRES 1.40 ACRES 0.64 ACRES �) DRIVEWAY/PAVING:; 1 6.35 ACRES N/A N/A I N/A • - - so- REVISIONS =472� -� ? O rrse-sm rosT uID se, -•� _ BAXTER LANE ` _ --- - __ 7 -- 1 ti- FINAL SITE PLAN AND ISSUE DATE 0 ISSUE DATE FINDEVELOPMENT DATE DESCRIPTION \ AL PLANNED UNIT \_ FOR LOWE'S HIW, INC LOCAtED IN SECTION 1 , T2S, R5E, P.M.M., OPENSP/ACE/> L L430 _ N t r ' t § a r r GALLATIN COUNT Y, MONTANA `pRO OSED SI I I ya4 � '�.. ,� M Srx'�c.>•„. \ _ y,:,. `` - J i�\��\ r�sr ' .✓ tiURISDI Oil� 4 �, -K sc 1 . IN j ` L ,3`\ \4>3p \ \ 4i'ur., GTI ? ! MORRISON-MAIERLE. INC. w `y, 3011 PALMER STREET --? n \ �_ ti „. Fa v `� ;`n `� X �'-•b MISSOULA, MT 59808 s `so • • LN. e t r3 LOWE'S HIW, INC. THI 4v � a�3 tl+tll 1530 FARADAY AVE., SUITE 140 PROJECT = � r - i- - -- _il•� - 'F;J. .. �' ✓ "k `f x �: 5,` CARLSBAO, CA 92008 OAK ST. / `4-39, FIR POSED\`8" I I 1 <•`rt ,�` Sf ,{3,� _. fV I' I `S f �,y .. tY`Jr.{' ...',>ry,,IVM'. 4' f , OWNER I' 3 G -4730- \ SEWER MAIN STT)B- ALL�•E PORARY wl {�,K �.y r' `� :' „,� ," x ':.` =\� PHILIP SAOCOCCIA. JR. / \ �I �' n �, k. �"'.`'"�ti. 991 EASt BEACH BOULEVARD DRAINAGEWAL I ,+, ' { .'�. ,� i'Y` i _E. .. �, } Se PASS CHRISTIAN, MS,,._39571 0uesroN RD � .,_rq• F k� /jay - G SN T hr'r r f7 LEGENb: _ PROPOS 8" SEWER I I 10" WATER MAIN STUB J/PROPOSED PROPOSED SEWER \ I wEsr MUN.sc _ ✓ WATER MAIN EXTENSION \\ MAI�ENSION j�I I r ,K• _r 4 ' .. EXTENSION \ ✓ \ r 5^ - :.. _ :'cr� '��' PUD OPEN SPACE OTHER) l \\ - ._ 1--- --r----- �_-------- STU_B--_._�._ �I f j I � � � �Yr�� 'sr . � �k SETBACK " !i �"•y"uE'^' •"1. ./.`'4,>x"''t' :.'.. ITY MAP �.; v �,. < w ,' - _-.Y -- - __ - _ - _ _1J '•�'% \�, rt 4' � ,.5,.1'• ;�. ``S` �4 V o a SNO'WSTORAG - t i NOT TOSCALE a o::: _ STREAM .. >v 5� ,,r,. •.f:,tT.,.>'.;5 j`'.`:�*�- ;„'>,:; >;. :..r ...< x.4xt r <V ,n•' ✓' \ �'l GREENWAY OPEN SPACE xi. .. {` .HDP .n. ,.30• RCP ._'�;, 's` A\ ,h sk. iry ,-r"` •`5.- Tt �+ .srb ,t a r I ., I / "I W 12WDIP / . - . Krs r' �ss2 ® RIGT-OF-WAY DEDICATION 9ACR W 8" SEWER MA STUB LOWES S/TEDATA OR PUBUC ACCESS EASEMENT TRAIL/SIDEWALK �w 8@ ' g \ vn ' .,^`: 30" , •:� r.. I� 12."WATER.MAIN STUB NetAaea_oe:. i--i: m \ ACCESSIBLE PARKING STALL 18" HOPE \ �+' w' 1 Lowe"s Tract 15.54I�Ia NT /2d' I \ .'i l!• �!j �` x Y.,N ,..-' ' :WETLAND .. BaxterTracf 2f:89 l I ? f I I' O C .• I + Tschache Lane 7m a AREA HANDICAP RAMP Tote/ �3 c" ip" 1 - •:�•� s _ \ \ F ,.��:t 5'.; '�`vr Main Bui/dino:FIRE HYDRANT Sales *n, �. w,> , Fioot >f7,347S.F. Eau,E si O/IiceArea 3,894S.F. ®+ . WATER VALVE Rece/ving/Storage f0,082S.F. Uti/ity Rooms 1,380S.F. • SEWER MANHOLE Ueshbu/es-. • • 9' �I I .' O.•'. :f -i� --� _ A e / ® STORM Main Enhance 1,049S.F- LOWESNIW.INC. •, e M SEWER MANHOLE Main Exit 331 S-F. n Lumber, - 480 S.F- 1530 FARADAY AVE.,SUITE 140 ui - n I `� t a! I• STORM SEWER INLET MA/NBU/LD/NG TOTAL >34,5 CARLSBAD,CA 92008 £ ' , o- - `.J \ ✓ � � `' L. ,I � � v ` � ��` 54���, 5.! 83 S.F. Y xo PROPOSED E-= CART RETURN Garden Center. '60.804.5300(V)760.918.9112(F) L ORMWATER MA ✓ \ ` I' I \ f > ShadeShucYures 6,368S,F. • aoaElowes",rr i PICNIC TABLES I .; I -- \ / •'''v,a Covered Area s,BnsF 6M BIKE RACK\ ": • I \, ,1 �- - S Open Area 16(Gf7S.F. Garden Center Total 31,202 S.F. • A". • I\Ujj I •:'�..•. I LOT 4" GAS MAIN\ \ �r HEAVY DUTY CONCRETE 1 , �� r: Parkvro Reouvementr I F k739.0 :. i- r I \ 1 ;v Wx"'� n ® BENCHES Lawe's Paddng Requited 610` O ,t �, x I I �, LOT ) '� w, h v Hand/ca ed 12 r. .�: Orr `•$ r<x �i ;tc •^ COLORED CONCRETE WITH PATTERN '}`••'• Z sk '; I rl : I x1 r v(�_��w�Y�j �. HEAVY DUTY ASPHALT PP _. +,-.; 1 12 DIP \ \ ti e F,'4.5'.Fias Total Parking Required 622 ar h� " 4", {y \ / ^W" �' w�WATER LINE aarw=O.slAlMrwroaozl 10" FIRE LINE GAS METER ocalParkn R wired kt ' V L 9 eQ , GAS SERVICE LINE '' j'j •' I y "��, / SS-SEWER LINEStandard 440 I r Z'r DOMESTIt SERVICE .:, /.., ` �' g lslsj-j I I \ t=" - SD-STORM SEWER LINE Handica,O,Ded s 18" HDPE R \ I \ \ I Tota/Parking Required 449lb11N , 1 ws so �i I : 2" IRRIGATION SERVICE {'; I I A - v \ r Parking Provided-. 561 MAX LOT LINE Standard <+' 3o fi \•\'. " \� \/`\ _°PROPSE SEWE 50 I`/ II-' l�* 6" SAN I TARY�SE\WER SERVICE •..:•'•,,"`•p�F",ItII�'.. Ip +,:. II i I \ \ x \� \\ \ � \ - {s I _ 44735 EXISRNG MAJOR CONTOUR Handicapped 12 EXISTING MINOR CONTOUR Pakng 0� ' ' - TotalLMJ ;;: `EXDE 4735 PROPOSED MAJOR CONTOUR M •� 30� '/ I I ' '.- f I �'' 'I \ \ \ _ _ ----- MMMI PROPOSED MINOR CONTOUR IRRIGATION ` r T GENERAL NOTES: • • + h413^? l�.' r • s I r, ,t, \ _ I 1 \/ 1 �r 1. BAXTER AND,TSCHACHE ANTERSECTIONS ARE BOTH SIGNALIZED. imo 2. PROPOSED LOWE'S GREEN SHALL HAVE PARK FURNITURE FOR USE BY�THE PUBLIC, THE LL m 3" y� I r '• ` rj II N `?SJ 't „`. CUSTOMERS AND EMPLOYEES OF LOWE 5. '. w ; t } , I \ \ _• �' �, r.� i F \\ \ �k :• 3. THE PORTIONS OF BAXTER.LANE-AND TSCHACHE-LANE SHOWN AS_. ROW" WERE PREXIOUSL�- l y a J GRANTED TO THE CITY OF BOZEMAN AS PUBLIC STREET AND UTILITY ACCESS EASEMENTS. _ c+lF; MAIN EXTENSION ." \ ✓- ' 1 72' I PROPOSED WATER \ \ I � j' �I � j /'' �� l 4. REFER TO COS 1215G FOR RECORD INFORMATION. j Z � ! i '• w � ; � . � \ " 5. SEE LANDSCAPE PLAN FOR LANDSCAPE PLAN INFORMATION. 0 LLJQ m � � ;,� zl"� G,�.e; a r;a,��� T.>,. T y.: »��;, ' : f ;�/�(!='�,' �'':'r.•;' .-;,, ;_ i / r` z^k�", 6. CONSTRUCTION ROUTES SHALL INCLUDE INGRESS AND EGRESS OFF OF BAXTER LANE AND Q Z e � •S '��z i '.':. .. ,. `,. . � " "'1`I•' `, t• `.;< �•',...,.::'.•...{1.. L"'. :.�:.'=. WFiTER MAI .STUB. ~�, �Y "i�r r � TSCHACHE LANE ONLY REFERANCE SHEETS SW-4 AND SW-5. Z 1- � 'YI. I •.+ifi •�c+_:t9_i:a,I,A. /I \ Y� Y. '" O ❑ r-' _ •-.:,_. : �o 4 ,%>`._ GRAPHIC SCALE +r< �.ns. ,m . ..'> =l.>,z! -r,:, _ - _,_--_ ., - r• . ! „� ' ' 7. FLOOR AREA TO LOT SIZE IS 0.24 FOR LOT 1. `` ,�,�,,�; •� " ;; /�Ssr ^ / L J " Np4 `? rk,. ,r , ` ) / \ I (IN Peel) y B. REFERANCE PUD APPLICATION BINDER FOR SUPPLIMENTAL INFORMATION. LO 0 Z -' •i: ., r,'s' ,� ': ^' \ _4740184 ra. 250 SNOW RaG `•� ,,,,y.'Kl' \,% V' -.1-h- so rL ,�, Y F W Q M :f f,w,k x^ 'r ..".'` "'N nr .11: ' �'` f 9. TEMPORARY.CONSTRUCTION FACILITIES MAY BE LOCATED ON ANY PORTION OF THE PROJECT � Z - W � c T .. w r _r2 W z �r - ' •�' ',; �, _.kr t�y,>`s?, ,,. ;; :„�,'�r. *�'` '^ ,: • `t�' Y r �z� "� ¢r ! � \ \ / � \ ;y5cr" �`'�'.• � EXCEPT AREAS DESIGNATED AS WETLAND, STREAM SETBACK OR GREENWAY SETBACK. -I Z N W F .srs'`>, � `:I,^�,c,c ':I# -f�, �.,?;� '`� ,','o:,.,' C K'4'cc �x,?: Pn�.Q�.":1'�•a PROPOSEDxWA ER Q Q N w r, ,r %`k? �; f .,< 'S•,^S.;,r. ;/•,,''�' >�G 1 1 ^ y,/."e. LOT 1 LOT 2 LOT 3 TOTAL Z J O s v. MAIN EXT NSI N O 1, ^Ca L00�(V�5 �2 d tt, v h LL d k n ''• yi -y;,.t ,z m ,2 ;,x• x>Zr; c;S ,.; .< '^'"`ft I TRAIL/SIDEWALK. 'r ,�, t v r `i GR033AREA 15.93 ACRES 0.83 ACRES 23.23 ACRES 39.99 ACRES J m m a EE LA D5CAPE%:I'I.�l PROPOSEI ,SIGN i 1 .r k`' "- '!"•� >s,� N�,r *- .Z,„ ` \ 1 J '`k.: r NET AREA 15.54 ACRES 0.70 ACRES 21.89 ACRES 38.13 ACRES • • s A �r I. " " ~ " \Y x. ••;'u`c'7 f:.``.�{�`�`'� •'F �'"t L<i•` y'- I I EWALK OWNERSHIP LO HIW INC. PHILIP SACCOCC JR. PHILP SACCOCCIA•JR. ORIGINAL t :� ISSUE DATE:2124106 :•,r z •1,ra .I f a ';+�rC'k "*� a•-. ;'T.v' r,,�. 2r '�''Cr > ;`. yv,,;� �, j` �p0 I 25 r't,.. ri` � „`y BUILDING SIZE 134,563 31,202 SF TBD 78D '° +, :n;: I WACI<;', .;'+•r y ,.,vy.K.SIDEWALK,..; .-,>. Dv :r.',:. ar .., ^�. PERMIT SET - --m OPEN SPACE REQUIRED 4.66 ACRES 0.21 ACRES 6.57 ACRES 11.44 ACRES OPEN SPACE PROVIDED 3.88 ACRES 0.24 ACRES 7.97 ACRES 12.09 ACRES ATE: ISSUE D : CONSTRUCTION _• - - - "` -'"" ^`�` "' - GREENWAY 0.28 ACRES 0.11 ACRES 1.44 ACRES 1.83 ACRES ISSUE DATE: STREAM 0.68 ACRES 0.68 ACRES DRAWING NUMBER: - OTHER : 3.6D ACRES 0.13 ACRES 5.85 ACRES 9.58 ACRES yT.BC'T6 BC /rSCHACHE LANE _ - OPEN SPACE NEEDED 0.78 ACRES -0.03 ACRES -1.40 ACRES -0.64 ACRES �S 0' ROW/EAS T __. 1i40. %l - .� �^ 40 g DRIVEWAY/PAVING 6.35 ACRES N A N/A N/A � ANU COMMON YFDEYEIOPMEM' _... ------ -- - /e REVISIONS UE'DOA r ISMST SUEDATEr RC® 1EJ a4Te �Rip-nO DATE DESCRIPTION e - Spthl� 1Y I I .°� 1W1. II � � r 4i -. ,i ETA L A - /!M+\\\ 9/inllro �b�`�iyW� _ - I �w'\uUt4vtH 'yc \FYI„m� D ��4i1` - od } - --- ----- ---- --�e----- - S 0 D�LAWN= -S --- ------------------------------ A Northwest Entry B North Entry - Left (:C� North Entry- Right p �Isa�ndIslandScale 1"= 20'0" Scale 1"= 20'0" Scale 1"= 20'0" Scale 1"= 20'0"cae "= 20'0" •g¢at v;•a� -- -- ----�- --- ------ - ETA � 1 ® > ETLd LAWNtvo�eo LAW ++ --- - �etland z z "= z Q (4— -Scale 1 50'011 Q ofm cn� r Southwest Ent Southwest Ent South �e�nle Ent Southwest Corns Sot ry H ryry��- 1 nn1 nn1 n _ n Scale 1 20 0 Scale 1 20 0 Scale 1 20 0 Scale 1 - so Fool WET ND LOWE'S HAW,INC. LA SETBACK o 1570CARLSBAD,CA 92008 140 760 804.5300(V)780.602.1018(F) DETAIL M rp i • °a���usdRw . LANDSCAPE PLAN NOTES(continued): - ---' t - LANDSCAPE PLAN NOTES: 1` 1, All discrepancies between plan and written specifications shall be 9. Fertilizing: All seeding and sod shall be fertilized. Sod Lawn 0 $ reported to Landscape Architect immediately. Plan provides all quantities Apply 26-8-8(NPK) fertilizer at o rote of 21bs per 1000 sqft. at for bidding purposes and sholl prevail. after Installation and again at 4 weeks at a rate of 4 lbs. per 10 - - ,� ft. Seeded Areas:Apply 17-17-17(NPK)fertilizer at a rate of 2.5 - - - - 12. Plant sizes shall meet or exceed standards set by the American - per 1000 sqft. within 2 weeks of germination. Apply a second opp� ®® ® K ' I Nursery and Landscape Association, at a rate of 5 lbs. per 1000 sq. ft. after the first mowing. I. ® D ETA I L Fetilize all trees and shrubs as follows at time of planting. Using I - 3. Planting beds shall be edged with 1/8'x4"interlocking Black "Agriform" 21 gram tablets, 20-10-5 (N-P-K) by Sierra Chemical 1 Aluminum Edging. Gardener Distrubuting Co. 1 (800)742-8811. (408) 263-0080, or equal. Evenly distribute in plant pits when bac 2/3 according to the following schedule or per Manufacturer's late - 4. Plantingg beds shall be mulched.with 3 to 4"of 1i" -2" Roofing specifications. Roc SHIM k over T or Weed Barrier. se fabric ins to an h r i rl U to obcat ® P-I_ YP seams n Overlap(oboe 6"at all seams an 1 Co to a and edges. O e o d tuck m elan a l 9 P 9-T - _ _ 1 gallon can 2 tablets 24 in. bon. x 8 Its I o o tab et tablets !edges, no gaps will be accepted. Trees planted m town areas shall be 5 gall.,can g _ _ hed ith er table i 5 ulcLawnwAreasn lAll areasetdemarked shredded bark sod lawn shall be sodded. All B Us tablet per 1/24in. cal per or ets 1 Aft. of x height, whichever is less m-.. vc Pcn ---emu --- fun---- 1 stock O —nut----- - n-----tun — I IG Pd 'pO - I other lawn areas adjacent to curbs and walks shall be sodded for o 10. Watering: Lawn-seeding.shall be kept constantly evenly moist I Ithree foot wide strip adjacent to curbs, walks,and asphalt(Boulevards e ill be sodded in their entirety). The remainder of all lawn areas shall germination and through establishment. Once seed is established 14 - - be seeded. Sod shall be a locally grown quality mix of Kentucky l0 1"per week to maintain healthy lawn. Sad areas shall be eta - South enter Entry XAS outheast Entry Bluegrass install). (Landscape Architect shall approve mix and source to shin times per day depending on e weather, to keep moist and prev( Lei prior to install), shrinkin9. Once sod-is established water i to 1" per week to oirl healthy town.- m Lawn seed mix shall be as follows: J 11� ( H 11� 1 11 Common Kentucky Bluegrass 26% 11. Maintenance: Include oil watering and fertlizing as specified. 11Scale 1 "� 20 0 - - - cale 1 = 20 0 - - I Newport Kentucky Bluegrass - 27R mowing through final acceptance. Owner will assume all mointenan Park Kentucky Bluegrass 27% responsibilites at this time. See.specification book for maintenance) - m Perennial Ryegross 12% contract proposal requirements. w Creeping Red Fescue 8% I 12. Quantities to Include in bid (Not all inclusive Various other ite o Rate = 4#/ 1000 sq.ft. should also.be included n contractors bid. These amounts are mt� - - to assist m interbidder consistency and to assistin accuracy since - - 16. Welland seeding: Bottom of.detention pond and any areas disturbed ore at a large scale. All bidders should confirm all quantities. R� _ Iby trail construction shall be seeded as follows (both Zone l and 2): differences to Landscape Architect •mmedidately.): ( V -- - - I. Western Wheatgrass 50% Edging 1243 In. ft. - -{ - - I Streambank Wheatgrass 50% - Rock Mulch 16,482 sq ft - I ui w Rote = 2jj/ 1000 sq.ft. - Sod 44,250 sq ft - Lawn Seedng- 131,915 sq ft I Seed area ® 'm Wetland seeding shall be completed between March 15 to May 31,or Welland Seeding 84,662 sq. ft. 'September 15 to November 1 as weather allows. Soils shall not be OYdord Seeding 150,430 aq. ft. j disturbed by - - i frozen. Slopes greater than 3 to 1 shall be h dromulched. Hydromulch 73,453 sq. ft.DETAIL L D 9 y trail construction o 7. Dryland seeding: Any areas disturbed by construction that are not 13. Gazebo - 12' x 12' Porklond/ Echo I ' to Wetland See W Z C~ / specified as lawn shall be restored by seeding to a drylond mix as - Arbor 2'12' x 20' Rectangular Parkland - -'I kl ® a C y follows: Limestone Trail 4696 Christie Dr„ Beomsv'lle, Ontario LoR 184 'MIX Slender Wheatgross 25% (905)563-8133, soles®limestonetrail com Both structures to be s� - Z Western Wheatgross 45% - concrete pod with footings according to manufacturers recommendq Thickspike Wheatgrass - 15R - - U W I Sheep Fescue i5R 14.Prlor to layout of plantings and beds econtractor will have utilitie 0 Q N LIJ Rate =2#11000 sq, ft. located., Na trees shall be located closer than 10 feet from sewer - Z N T I D Plond seeding shall be completed between March 15 to May 31,or _ _ water lines. Landscape Architect shall approve entire layout prior t I Q O OO a Se tember 15 to November 1 os weather allows. Soils shall not be installation. _ J COJ m gf _ - I frozen. Slopes greater than 3 to 1 shall be hydromulched. _ yn__...__ - - - - 15. Written specifications an plan are intended to augment specifi • • S. Tree Grates: Provide and Install 6 tree grates for trees along front book. Contractor should refer to book for additional requirements. - ORIGINAL lof building in sidewalk area, Use Neenah Foundry Boulevard 48" square �i ISSUE DATE: 1/12/06 - grate with frame JR-8708, 1-800-558-5075. i ISSUE ASET TE /15/06 D IE C E O V ISSUE DATE:3N SET — --- — � � - LS l�+i LS V CONSTRUCTION SET i• C Entry A��, ,JslandD Southeast N 23 2006 ISSUEDATE: 4DRAWIN EFt 11— 1 11 — - - - .- - �JU ENT11F PUWNINd — Scale 1 20 0 Scale 1"- 10'0" WOW --------- ANOCOMMUNITI'OEVE(OPMENT A L-2 • e REVISIONS OPREBIDSET POST■D SET ISSUE DATE �ISSUEDATE DATE DESCRIPTION —5 — — — - — — — — — — _ F q _ r -UTIL- ..;,• __ %� •,fir G,, � ,«. � 3/ IfF El- ti. ' '•..,� i.IL- — VTIL___ _ _ \\\\11111111f1//// w 10 �. a - � M �o ry, i Q Q a I LOWFS HW.INC. _ I I 1630 FARADAY AVE,SUITE 1b CARLSBAD,CA 92008 ` �n4*, P I J ' ^•�` 1760.804.5300(V)760,602.1018(F) e - e mavuwwwnemavr,.n ° L IK,INYUSEQi PEPR°IXci ONINM.OIF°R :. I PNRIl PRgEBiEOMRTYl T1F EXPflEB9E° I .4- 4- EA�— r „� _-► F � e • �62 w y --- 6 Z g o NO o CL ORIGINAL eISSUE DATE: 1/12100 • c ,iJ" I PERMIT SET ISSUE DATE: W15N16 9f.-. � F "'" L}` ©® ."'d h''"i "k ;.�`�"'ir"d ® -•`� F ® �I I g D IS LS V CONSTRUCTION SET ISSUE DATE:4/4/06 JUN OB DRAWING NUMBER: AWMEI..I COMMUNITY DEVEI PLANNING L-3 0 COMMUNITY'PLAN ING REVISIONS E PRE-BIDA"T POST ND6ET ' 1SUEp.ATE ISSUE DATE DATDESCRIPTION I, -- �� - , - to Drylpn Se y�r disturbed area.to C� COMMON NAME N0 MA O I LANDSCAPE PLAN NOTES(emWnued): Or land Seed DETAIL D - SGENGR NPEE 812E 612E LANDSCAPE PUN NOTES:u Y re ��- erl'lizing: All seetling and sod shall ba ¢rlilizetl. L.wn Areas: . DETAIL A , \ SPBRo SN.r CRIB(anus X'sPmxD 5Mw•) 1"-1Y." 15'-18' 1{ 1. All tli.eropanele.between pl.n and wrilt ,,Yen specillactione shall a 26 6 8 NPK fertilizer at o rate of 21bs 1000 s N.at 2 weeks DETAIL C forrep bidding g to cape Architect immediately. Plan provides all quantilie9 Apply offer installation and again at 4 weeks at a rate 4 Ica. 1000 pit..PppuR"Puus'eRWxs')- 1)I-2" 50'-80' 1S for bidding purposes and ah°II prevail, n ga aq• Y 4w� n. See100aea Area:Apply nk,of 1gemin ion.fertilizer Apply o rate of 25 lb.cat sJ eucr,new(rruwxus xxaw TAU.aDmT 7)¢"-2• 40'_50' 24 2. Plant d La shall meet or exceed standards eel by the American per 1000 of Its. r w 0 q,ft.after the first a second application Seed Detention Pond bottom to - Nursery and Lond.eope Ae.oeial'on. at a rote of 5 Iba.per 1000 sq,ft.after the Iirat mowing, Seed any Wetland Seed MIz. Sides and kkk111 CO--(cmoxE 91w Lucrous) 2-3 8'-8' 45 Felm:e an trees and snmbs°a Tallow.at time°f plan8ng. Using disturbed ore.to surrounding dsturbed area shall `j 3. Planting beds shall be edged with 1/8".4"Interlocking Bleak "Agriform"21 gram tablet.,20-10-5(N-P-K)by Sierra Chemical Co., _ Dryland Seed be seeded to Dryland Mix. CmxlP wpm.lacK(fin P PERA) B'-1 301-40 55 Aluminum Edging.Gardener D'atrubuting Co.1 (800)742-8811. (408)263-8080,or equal.Evenly distribute in plant pile when backfilled eRrxoox ARERK�n Rx(uuus nuEwuru 2/3 according to the following schedule or per Manufacturer's latest • Seed any 3 ® ympal' 1%"-2" 60'-70� 14 4, Plant. bed.shall be mulched ob 3 to{"of anchor 2"fabric I spoelfe°clone, diotu rbed.ores to ] - 12 Rock over�ypar weed Barrier, Use�obric pine to anchor lobe,In Drylond Seed - f seams and edges. Overlap label,6"at all seams and tuck In olong all iuuc(ammo ancuurA) %X 2" 30'-35' 36 ".a,no gap,w111 be accepted. Trees planted In town areas shall be 1C gunonr -2 tablets T4 in,boz- 8 toDlsts \\\\I111111111/// Seed any RE svwE ASN(rw.v Nos PoxmvAxACs mulched wilh an /8"diameter shredded bark ring. 5 Ilan an-4 tablets 38 In,box-10 tablets �� ! disturbed area.to - Rucev) 114"-2" 50'-60' 23 9-&-B-zLack .••••• J"P/� 5. Lawn Area.: MI ore..demorked as sod town shall be sodded All 1 tablet per 1/2 in.caliper or 1 fl,of height.whichever is less Drylond Seed ucE(mcu PURGERS) 8'-10' 60'-70' 18 other lawn oreos adjacent to curbs and wallas shall be sodded for a • [C fY gthree fool wide strip adjacent to curbs,walks,and asphalt(Boulevards 10. Watering: Lawn need ng shall be kept constantly evenly motel until � •• r yl Q = Ll � ro�R 10-11' 10 SSS J J J W; - ill be aadded In their entirely), The remainder of all lawn areas shall germination and througgh establishment. Once seed Is established water JC7 MMUN NAxE zwPIF(Acm X mEEuwr quell miz.f Kentucky le 7"pH week to mointoln healthy lawn. Sod men aloll be watered 2 =�• W Z O I)E'-2" 40'-50' 8 be aeed.d. Sod shall be a locally grown ty o 4 tim JEh°sw° Bluegrass-liver,(Landscape Architect shall approve mix and soume t Ir es per day depending on weather,to keep moist and prevent � =L,s J 2-7/2" 13 prior t°insl°II). neoRhlnq Once sad I established t 3 to 1".per week to maintain �� '• V7 �.•444��` ® .-;_--.� -, ® ® I. Nmaa PINE (Pmus No") 8'-10' 30'-35' 17 Lawn seed miz shall be as follow.: Y' •••••••�Fa�` !;g2 i/ u.v 1 ^- ® 10 11' 39 Gammon Kentucky Bluegrass 28% . 11.Maintenance: Include all watering and IerUlZing as.pea T,ed. Include //11/11 t1\\\\\ - Newport Kentucky Bluegrass 27% mowing through final pl a Owner will ass all maintenance 1111111 nxINDEMKILD CRAB(MAWe 1RUNDERCNID) 1"-1F4" 18'-20' 18 Park Nentueky Bluegrass 27X resp.nn bllil..atithia irementsee specification book f maintenance Perennial Ryegra°a 12% a P. as rsqu surTAIaS W(sxmxoma urAomse) 2-3' 8-10' 18 Creeping Red Feaeue 8% 12. Wantillas to include in bid(Not all Inclusive Various other Items '-BE AI D D AL - - •�• auld also be Included In...treaters bid. Thanamountsera Irdended PURPLE LEAF PLUM(PRuxus x clsmw) 2-S' 8'-8' 27 R.I.Rale>,4//1000 ea ft. (TYpical Islartl) (ry rcal Isand) ': x to oat ' interbldder°on.1itency and to assist,n accuracy sin..man. _ I t aa'xxmeuen cRmrazasr(weumrva m -4 are al a large a scale. All bidders should confirm.11 entitles. Rapport coxp°etuu 4-5' 17 S. Wetland ending: Bottom of detention pond and any arose all 9 quantities. p. 8-24 by trail construction shall be seeded as follows(both Zone 1 and 2): difference.to Landscape Architect Immedidotely,): 'AL( _ owlBr xcer-uuc I- PNA.m RarDa) 4-5' 9 WeStrstern Wh"..;rasa 50R Ed'n 1243 In.ft. Western Whechiraaa SOR 9 g , ron:mlun PmEnnuA-.CDeA) 15-18L=W " 3-4• 51 Rock Mulch 16,482 ep ft. , Z ( Role-2#1 1000 aq.IL Sod t4,250 sq.R. V sPIRFA(3RDPA x euaunp 12-15" 2 3' 25 Lawn Seeding 131,915 62sq.sq "U .:, Weiland ceding shall be completed between March 15 to May 31,or. Well Seeding 84,662 sq.ft. C Ro.m1fE a crew(—.Us maaslq 2-3' 8'-8' 8 September 15 to November 1 ail weather allows. Soils.hall not be Drylond Seeding 750,430 sq.fR r r l 1 TAu JUNIPER(JuxpExUs 4A.xA vXr 18-24 frozen. Slope9 greater than 3 to 1 shall De hydromulchetl Hytlromulch 73,453 sq.It. * E rAluNsc rol.w) 2'X e' 52 7 Dryland Seeding: An or as disturbed 13. Gazebo- 12'z 12'Parkland Echo w OaNP wmx'ERJun PENrs rwwm Aus 18-24 Y DY construction that am not / -I- UU x ww 6"X 8' 106 specified as lawn shall be restored by seeding to a dryland mix as Arbor- 12' 20'Rectangular Parkland (n x uouro cuRPua(xBEs NPlxux rxa¢x follow.: Um alone Troll 4696 Christie Dr,Beomsv'lle,Ontario LoR IB4 ® IgpNp•) 12-15" 3-4' 44 Slender Wheatgmsa 25% (905)563-8133,sales®Ilmestoneirall c°m Bath structure to D•sal on �I. �,{I-I I!I1 I1 II I1 II 1 quAxme wsPar(mPuws mcNnnas Western Wheotgrose 45% concrete pod with footings according t manufacturer's reeemmandalbns. Seed any 1p1Y• 8t ) 2-3'SDLG40'-50' 23 Thickspikewheatgeae 15R Z Z 1 1 k RE.cxwm(Faunas nrmmax Sheep Fescue 15% - 14.Prior to layout of plantings and beds contractor will have utilities I disturbed areato a 1•-1K" 25'-30' S ry 50 F00T �/ Rm' "Rate-2jf/1000 sq,ft. located. No trees shall be located.laser than 70 feet from ewer or D land Seed - WETLAND - ® ppsxx wluae allot A18x'wrFlsl Drylond eding shall be completed between March 15 1e May 31,or .ter Ilnas. Landaoap<Architect shall approve entire layout pdar ta. z 'Q ( Ns1 2-3'SDLG 60'-70' 1 IN SETBACK '�pO - September 15 to November 1 oa an or all°wa. Soil shall net be Installation. Q(,o£ lSp Al—oopw� (a.—sERIDFA) 3'XB' 35 frozen. Slopes greater than 3 to 1 shall be hydrom,ched � C N 15. Written speclffaatiana plan r intended t augment specification U) DETAIL M ,O i O WOO AS RvaRDI l MRAT s D°IOIAwS 12-18" 4•_5' 61 e. Tree Grata: Provide and install 6 tree grata for trees along � front book, Contractor should refer to book for additional requirements. of building In sidewalk area. Us.Neenah Foundry Soul=48"square � Z O g Puerato am AraAs xltrt memo a xucx grate with frame/R-8708, 1-800-558-5075. Q Qo:S,. PNat tXwcx U _J i 1 _ _ LOWE'S HNV.INC. m I 1530 FARADAY AWE,SUITE 140 ® I CARLSBAD,CA 92008 I. N I • • i7 J 760.804 5300(V)700.602.1018(F) 0I SPREAD PLANT SO THAT TOP OF ROOT -� I wPi'nlRoxrsurouir 1iw.Elv�usam I DETAIL N '.T IL .S Seed any ri cal I on 7 p'ral Island) � diaurbed ores to BALL IS EVEN WITH THE • • Dryland Seed FINISHED GRADE Saed area disturbed by 2 STRAND TRISTED 12 GUAGE r y e _ trail construction to Watford See ® CAL WIRE AND STARING STRAP Mix Ux� HARDWOOD STAKES 2 STAKES 2"X 2" yl� ,,as�� (3 ON 10'+ EVERGREEN TREES) NAIL C ,µ :0 vRx DRIVEN(MIN. 18") FIRMLY DETAIL F. ' DETAIL.H )ETNL J ® DETAIL L Seed any INTO SU13GRADE PRIOR aw CrAI I t� I� di.turbad oroa I. a TO BACKFILWNG ""' --•• Ri' .113l-' 1r1 1- K__ Drylond See STAKE ABOVE FHLST BRANCHES - l�j' OR AS NECESSARY FOR FIRM SUPPORT FORM MULCH . w w SAUCER - _ TYPAR WEED BARRIER BACRFILL- REMOVE ROCKS WATER& I-)I I=1T'1FII TIE(— — REMOVE AIR TAM]POCKETSTIL - r - 11 NOTE: ~�IiII )) STAKING AS REQUIRED 2 X HALL DIA it w TREE PLANTING - VERTICAL STAKES (0lsland Sc �E_ 11 SCAM NOT TO SCALE - Scale 1 - 1 BLACK ALUMINUM BED EDGING FINISH GRADE FOR LA SPECIFIED MULCH w w 1 DEG HOLE TWO TIMES � —N^ E)(ISTINC SO[ a THE ROOT BALL DIAMETER y EDGING STAKE \ \\ \\ \\ ��r.r• ., (,y,,,�'3 ° _ W o N Ilk I. sle DRIVE STAKE THROUGH \ SIAT3 �\\�\\�\\� -III 111-III-III TYPAR WEED BARRIER FORM SAUCER WITH •O a Q Z Uu 11=III=�JJ1T=FJJJ= i a" coNTlxuous w °v a•Mulax o I I I=I I II I I�. TYPAR WEED BARRIER - f� I_I_I E II IIIT- (\/ Tff I II; I-I I SPECIFIED TOPSOIL SPECIFIED PLANTING •• z QZ �f U I I�_ MIX WATER&TAMP Q O O O i POCKETS REMOVETO AIR I I I I-I I I�I I-III=11I I a _J m CO -I 1 J�—I—I f�I L—I I • • 111J 11— ORIGINAL - ISSUE DATE: 1/12/06 n PERMIT SET c �rdc� ISSUE DATE: 311 5106 ALUMINUM BED EDGING DETAIL SHRUB PLANTING D����� CONSTRUCTION SET ISSUE DATE: 414108 'SCALE NOT TO SCALE - SCALE.` NOT TO SCALE JUN OOB DRAWING NUMBER: ENT OF 14NdNINO �� DCOMMUNITY 13 LOPMENF E • �► � ! 'A� .. ,' ,.,-,.0,���'- 3 V � ��,�� ^o;�� J '� � � f,,f yy!//(.' ' ''�L ,i�oL`r� r1i e� 1 .o,�f ', o' .i 's , � ,. S ....;*. '. �. r• Page 1 of 1 Bob Murray From: Brit Fontenot Sent: Wednesday, March 07, 2007 10:36 AM To: Bob Murray Cc: Cynthia Delaney Subject: Lowe's Hey Bob, I am looking for the following documents related to the Lowe's project: 1.) 2nd Amendment to easements and covenants 2.) Storm water drainage easement 3.) Irrevocable offer of dedication 4.) Water and sewer pipeline easement and agreement What is curious to me is that not only have I not found them in the hard copy files, and not found them in the digital database but I can't even establish, based on past agendas, when/if these agreements and easements were approved by the commission. Any insight would be helpful. b Brit Fontenot,Bozeman City Clerk 411 East Main Street P.O.Box 1230 Bozeman,Montana 59771-1230 Phone: (406)582-2321 Fax: (406)582-2323 Website:www.bozeman.net 3/7/2007 REVISIONS O s LPSOSUT BID SET DATE DATE DESCRIPTION h area - -J - to-Drylon Se Q - Seed any �/!_ disturbed area t0 1,`•1 —� ` 8015 TaL BNAME PIANDNG MATURE ODpNTIDEs UWDSCAPE PLAN NIJTES LAN08CAPE PLAN NOTE9(..U-d): Drylond Seed - DETAIL 8 - - SCIETiBFlC MIME SIZE SIZE DF.TA.L A - - sPlexG sNaw ante(vALus x Ssxe+c sxpw0 1"-1 1. All discrepancies between plan and vmlten specificat ns shall be 9.. Fertllizing All seeding and sod shall be lert'lized. Sod Lawn Ames: %" 15-18 14 far itl to Landscope Architect immediately. Plan provides.all quantities Apply 26-8 B(NPK)fertilizer of a role o/2lbs per 1000 soft.at 2 weeks . DETAIL usto dha. E C for dtldin' + call: after eede Are and plan at 4 weeks at a rate of 4 lbs.per 1000 eq: z eRoaxs POPuw(PpglWs aacaxs7 715"-Y 0'-fi0' 15 9 OurpOse9 and hall p lbs it. Seeded Areas:Apply weeks of 1gemin fertilizer Apply o rate of pp ca Seed Detention Pon m `� RUCK A6N(F6arRla NCRA•f""GOi 114"1 40'-50' 24 N. Plant sizes shall meet or exceed standards set by the American per 1000 sqR.within 2 weeks of gemination. APDIY a second application d bottom to ursery and Lonci Association of o rate f 5 Ins.per 1000 sq.R.after the first m ng. 5 ed any - Wetland Seed Mx. .Sides and CmaxFASTER(raraxGS1FA Luapue) 2-} 6'-8' 45 - Filt'Iize vll trees and shrubs as follows at time of Painting. 0 ng d::,Nu:bed:area to + surrounding disturbed areo-shall g 3. Planting beds sholl be edged with 1/8"x4"interlocking Block 'agrlbrm"21 gram tablets,20 1D 5(N-P-K)M Sierra Chemical Co.. D land Seed - D land Mix, c3 - cuYP PMER dRDX(eEmu Pwmrc0U1 8'-I 3D'-40' 55 Aluminum Ed Gardener Distrubutin Co. 1 800 742-SB71. (408)263-8080,or'equal.Evenly distribute in plant p la when book illml 7 ry w Edging. 9 ( ) Seed any Q ® e^Axaax um+r1N[tu 9Auus AUEwWu 1'/i"-2" 6g'-70' 14 - 2/3 according to the follow ng schedule or per Manufacturer lotwet y g disturbed tlfsp CO - RRAx00xD _ 4. %shun heds shall be mulched sPeci11-tlo^s. _ _ • pp fabric 3 to{"of anchor -2"Roofing Drylond Seed 12 Rock over Tedg weed Barr .er Use fabrlO pine to anchor fabric to Container 2 - - e9gme and edges. Overlap pled. 6'es all seams and lurk in slang all 1 II -'4 tablets 24 in.box 8 tobMls / i .pPANEFSE nrtE uuc ISraINa REatuuTA) Tyr"-2" '-SS' 36 edges,no lop will be accepted: Trees planted in Ipwn arm,shall be 5 gollon ca -4 tablets 36 in.box- 10 tablets ���t .10�i S d l�/ - wE UN mulched with an 18"diameter shredded bark n - b disturbed arse to ® PRw vxR[Asx TAM.aYI v wwex nn9 B h B stock ........ "y.(ti iK._2. ._�. 23 •. Dr lard Seed a. s ��``: • • 5, Law^Areas• All areas de_b. or sotl town hall be added far. All 1 tablet per 1/2 in.caliper or.1 ft.a/height,whichever.'s less •• Y ( - mLawoo sPRucE(ncFA Pax49ea] B'-10' 80'-70' 18 oUer town areas adjacent to curbs one walks shall be sodded far a event C¢ �'a -' 10 W t r I.-weed hall be kept onstantl oist until a three foot wide strip r entiret t. curbs.malW,and asphalt(Baulewros 99 P Constantly Y n' _ J W J si -. 10 will be sodded'n their entirely). The remainder of all lawn Kentucky shall q matr and tihrDu4h establishment.I,. Once seed's e,11 be etl water� - J(WJ I �l •umux euzE u•Pt[(ecER na.Euew iK"-2" '-50' 6 be Beetled. Said shall be a locally grown quality mix of Kentucky tort'per per to amend healthy lawn Said o shall be watered 2 - ® aRFfll5afD0 x Bluegrass cultivvra(Landscape ArchiteCtwshall approve mix rod sourc to 4 times perday depending o weather,to Neap most and provenl W�•� =W w. ti•4Q` e e n 2-21/2" 13 p to install). - shrinking, Once sotl is established water 3[0 1 per weakto maintain '�''. (n v,•y`�� healthy lawn. wsrRux rm8 (rwus xax+) 8'-0' 30'-35' 17 Lawn seetl m hall be es f Ilews: �i�Y•� �v.��O� - v+« t0 1V 39 - Common Kentucky 81 egrowe 26% 17 Maintenance: Include II watering and fe tlz 9 as east«ea Ipawae _ rfrlll 1nt R-- W • 55 SS 5g SS Fe - Perk Kentucky llross 99 27R 27% - mo,ing through«not acceptance.s can will assume all maintenancerew 11111 t W 11Y W W , SS g 1NDism,ac.CRAG fuWrs 11uNomwwl 1-1$ 18-20 18 Perennial l rebilites t this time. See faction book far maintenance ' - a Rye9rass 12R 1.proposalrequirement,. 1 o - • eumataaRln•(axLP,ERMa rAxwExsrrJ 2-3' 0-10' 18 Creeping Red Fescue BR A 0' D_.A L.E.- -'I' •�.• PMIPIE-1 PWM(Piqua x"Coca - S/1000 sq.It. sh d anti t include bid(Not all . Th.. crVariousU tams i Th se aunts an Intended (Typic I Island) 1.1 Island _ I 2-3'. B'-8' 27. Role 4 should also be Included n contractors bd. a am Y ) NRr nexausn crown nmBn eWmuu meaeu 18-24 o assist in inte bidtler 11 bid to s and to assist m accuracy once plane Report f ® W 4-5' 17 6. Wetland seed'nl: Bottom of detention Doing and any areas disturbed ore of v Jorge scale. All bidders should enflrrn ell quanbtln: Report j..,, - g coup 16-24 by trail construction shall bs sdetl oe.follows(both Z°ne 1.and 2): 81/erencea to Landscape Architect imm tldately.)•. xY xarux twee(swXan Pn.em uccm) 4-5' 9 Western Wheat9miss 50% Edging 1243 In.tt. -'c--LL - St eambank Wheal 50% Rack Mulch 16,482 .; ft. 120 ��A own 15-18" 3-4' 51 9sas - Sod 44,250 sq.Rote'=2 1000 .FL;) 12-15" 28 �/ q Wetland Seeding - 81iiq,ft.s—wesi x au 2-3' Lawn SeedingI31,915 sQ•fl Wellantl seed'nl shall be complaled between March 15 to May 31.or D I d Seedin - 150,430 ft. to(PRuxus 1MLaarl 2-3' 6-B' 8 September IS to November 1 as weather allows. So'Is shall not De rya^ 9 aq•1 rwr Iroien. Slopes greater Urn 3 to 1 shoo be hydromulched.O rn(mNPwus seams v. 18-2* scsr m�PT vYw) 7 X 6' S2 13. Gazab 12'x 12'Parkland Eeho ace au NurRPFAue NDR xrxlNla 18-24 7P Drylond seeding: Any areas d by xi ingby conaa dry'lan thal'xa not gu /'BLUE CXP') 6'X 6' 106 a f tl oa lawn shall be restored edin to o d 4 tl m Prbor 12'=20'Rectan for Portland cxaw uouxo cURxewr(wars wP Nuu'cl1¢x follows: Umestons Trail 4696 Christie Dr.,Beamsl%Ile Ontaro LoR IB4as Mauxo112-15' 3-4' 44 Slender Whealgrass 25% - (905)563-8133,soles®limestonetrall.com Both structures to be set on y ti w q G es-(POINAMS rRauLagE3) 2-}'SOIG 40'-5O' 23 Western Wheatgrass 45X concrete pad with footings according to monufacturer's rocommendations. Z ry Seed any 0 ® Ibickspil Wheotgross 15X ti !1 l RED ctawm I=--Nwu'C• Sheep Feecue 15% 14Prior to layout ai plantings and beds cantroctor ill have utillice n ® Deland Seed WETLAND to 50 FOOT / o R aEp') 1"-1;{" 25'-30' S Rate=2#/1000 1 ft. - located. No tress shoo be located closer than 10 feet from sewer Or Z rq `no �� ry WETLAND 0 - u ® cpluM leumr(swat wan'wEwwtT 2-}'SOLG 60'-70' 11 Oryland seeding shall be Completed between March/5 to May 31,or water lines. Landscape Architect shall approve entire layout prior la f� N L a• SETBAC o: September 15 to November.1 as weather allows. Soils shall not be Instalbt'on.. E! o tE m L7 < RED 1x1C DDGMCOD Coitus str 12-18 frozen. Sto t ihon 3 to t shall be h dromulched. ®� T` ( FA) 3'X6' 35 Pes greater y ® IW® ® - 15, Written ePecifshoulds of plan arc t d d to augment Bents.eolion z E lO�" I OEfdIL M ,p �' O paumps Iwwnpra.(puTwg6 aWrlAsi) 12 DLC 4'_5' 65 B. Tree Cmtesi a Provide and se N B tree gmin For trees along front book. Contractor should refer to book tar add Donal requirements. Fg O N ® PIwmNO ear Arcs eml EDONG A MOLON of building in Sidewalk area. Use Neenah Foundry 8oubwrtl a8"square - �e1 m grate with fire JR 8708,1-800-558-5075. D. _ u LOWE'S HIW,INC. 1 ..__. 1530 FARADAY AVE,SUITE 140 ®1 1 CARLSBAD,GA 92003 I - - - 00(V)760,602.1018(F) ® SPREAD •7� • sae q" J .804 53 1 / DETAIL 11 T IL `J_ s -I PLANT SO THAT TOP OF ROOT - F - i m"P. euxaxre Nw I + Seed any BALL 19 EVEN WITH THE • • i f-i Islrn i pkal IstoM) d sturbed areo to FINISHED GRADE Dryiand Seed _-M Seed area C) - • D SD SD Lisllurbed by t• - 2 STRAND TR6TED 12 GUACE - - rot Con9 ruo lOn GAL WIRE AND STAKING STRAP ,SD yy'P .fly -to Wetland See Mix HARDWOOD STAKE s ivw arw � g, 2 STAKES 2" X 2" IT Qffi D ON 10'+ EVERGREEN TREES) I " renm DRIVEN(MIN. IB")FIRMLY DETAIL H _ s1E�, DETAIL L Seed any. INTO SUBGRADE PRIOR DETAIi F )E IAiI J 'A� t" ar to ..., EIAIL - Drylond Sae ec SAKE ABOVE FIRST BRANCHES F L S wLxM Q OR ASNECESSARY FOR FIRM FORM MULCH I `�r were ' SUPPORT SAUCER - TYPAR WEED BARRIER I-1 I I I II I III ICI' BACKFILL- REMOVE ROCKS -'WATER - . P To REMOVE AIR M POCKETS I I I-I I I III-III i i—� —m=rr� — 11 NOTE: Tr m=M- - STAKING AS REQUIRED 2 X BALL DIA _ • • I�III TREE PLANTING VERTICAL STAKES Island II_ do m SCALE: NOT TOSCALE Sce 1 101011_ Y 1 BLACK ALUMINUM BED EDGING.. - {I{n� - FINISH GRADE.FOR LA SPECIFIED MULCH m Im sr lea DIG HOLE,TWO TIMES se -N- E)USTING SOI THE ROOT BALL DIAMETER m EDGING STAKE �\ �\ �\ r-:x-''k�k�'ir V• �c.�� P Z c~c n DRIVE STAKE THROUGH-' \ \ Tp O G L SLOTS �� \� �� III=1I I-III-I �_ TYPAR WEED BARRIER FORM SAUCER WITH - - V Z W II77-7IIIT—TTIIIT—�IIIT--III- B" CONTINUOUS lU ea°u 3"MULCH c oS \� \� -III-I I I I-III I I 1 TYPAR,WEED BARRIER - D U) w C Z N W W �SPECIFIED PLANTING SPECIFIED TOPSOIL - I I=I 14 MIX WATER Er TAMP -III - I- - DEPARTMENT OF PLANNING a O Od�R� p I II TO REMOVE AIR -�=I III-III I - AND COMMUNITYDEVE DPMEM J W m POCKETSORIGI I IJ I I� I�I I—III—III—' 1=I ��I I_I I L=I I • • I LI I I� AL ISSUE DA ISSUE DATE: 111210e No 0 141II C AT 1Nl ISSUE DATE: ISSUE DATE: 317510e ALUMINUM BED EDGING DETAIL SHRUB PLANTING of these plans and/or elevations CONSTRUCTION SET ISSUE DATE:414/06 }{. SCALE: NOT TO SCALE - - _ SCALE: NOT.TO SCALE -WIthOUt prior WrILLPn apprOVai DRAVWNG NUMBER:ANOT from the Planning Office jIP4 OmlaenJlS • - _ � --= ------ ----.. ._..®r ___ _.:.------�---; ---------�- -------------------, - -_ - -- __ _ ° REVISIONS • 1 / q ! PRE-910 SET PDaT BID SET ISSUE DATE Iasm DATE pp I I DATE DESCRIPTION RC® j srIt'���®T 11t F C O a !+ � ,p _ ! + e i•RC P I I � s�*r, •1�3iiy°1��� i a RC 4 j\&1110, .DETAIL A mVX ..SOD LAWN Ld J I ! A Northtwest Entry PJorth Entry - Left forth Entry - Right Island f�_ E Island .;..,.III;;rr,3 Scale 1"= 20'0" Scale 1 20'0" Scale 1 "= 20'0" Scale 1 - 20'0 Scale 1"_ 20'0" gW a �:a — ' WW_ _ � /'�•.• � by\` - - -- �- v LAWN JLIAILj ti W z / c� oo` ET i s LAWN We AO 1 + / Wetland 0 LAW +® + -.. . A Scale 1IV= 501011 Z I AM outhwest Corner Scale outhwest Entry Southwest Entry South Center Entry ° T)-�2-ca-le 1"= 20'011 (0):= 1"= 20'0" H Scale 1"= 20'0" ' Scale 1"- 20'0" 50 FOOT o • "'"""""" LOW E'S HIW,INC. WETLAND O 1--FA'L DAA AVE,SUITE 410 SETBACK cARLseAD,caezbbs 760.804.530DM 7G0AD2.1D18(F) . • • DETAIL M I�,F�Fr�w,aLLw�",9,�aLM,T� I r------------------ ----------------------------------- --- ----------- LANDSCAPE --- --------- __,____. ' PLAN NOTES:. LANDSCAPE PLAN NOTES(confinuw) ! i(l r III1 - ! 1. All discrepancies between pion and written specifications shop be 9. Fertilizing: All seeding and sod shall be fertilized. Sod Lawn Areas: v G I 1 ! reported to Landscape Architect immediately...Plan provides all quantities Apply 26-8-8(NPK) fertilizer at a rate of 21bs per.1000 soft. at 2 weeks 1 r ! for bidding purposes and hall prevail after Instollation and again at 4 weeks at a rate of 4 Ibs:.per 100a sq. ft. Seeded Areas:Apply 17-17-17(NPK) fertilizer at a rote of 2.5 Ibs j I ' 2.. Plant sizes shall meet or exceed standards set by the American per 1000 soft. within 2 weeks of germination. Apply a second application - +®® G K ! 1 Nursery and Landscape Association., at a rate of 5 Ibs. per 1000 sq. 1t. after the first mowing, I I ! - - Fetilize all trees and shrubs as follows at time of planting. Using - + ® o D-.ETA.I.Lj ! 3. Planting beds shall be edged with 1/8"x4"interlocking Black "Agriform"21 grom tablets, 20-10-5 (N-P-K) by Sierra Chemical Co.. Aluminum Edging. Gardener Dislrubuting Co. 1 (800)742-8811. {408).263-8080, or equal. Evenly distribute in plant pits when backfilled l �, a - ® 2/3 according to the following schedule or per Manufacturer's latest 1 4. Planting beds shall be mulched.with 3 to 4"of 14"-21 Roofing specifications. ® ! ! Rock over Typor Weed Barrier. Use fabric pins to anchor fabric at ! Container seams and edges. Overlap fabric 6"of all seams and tuck is along all 1 gallon can - 2 tablets -24 in, box - 8 tablets o ! edges, no gaps will be accepted.:Trees plonted in lawn areas shall be 5 gallon eon -.4 tablets 36 in, box 10 tablets mulched with an 18"diameter shredded bark ring. B &B stock ` - p - 1 tablet per 1 2 in, caliper or.1 ft. of height, whichever is less un— ---Pa in--_.— 9M— 11u1------ n--- --1ltn-- - 5. Lawn Areas: All areas curb ed and walk lawn shall sodded sodded.,All P / P 9 - � PG PGln --- PG1110-----�'ill PO � other lawn areas adjacent to curbs o d ° s shall be sodded for a three foot wide strip adjacent to curbs, wolks,and asphalt (Boulevards 10. Wotering: Lawn seeding shall be kept constantly evenly moist until will be sodded in their entirety)...The remainder of all lawn areas shall germination and through establishment. Once seed is established water - ` be seeded. Sod shall be a locally grown quality mix of Kentucky to 1 per week to molntain healthy lown. Sod grace shall be watered 2 Bluegrass cultivars (Landscape Architect shall approve mix and source to 4 times per day depending on weather, to keep moist and prevent - So uth Center Entry Southeast Entry prior to install). shrinking. Once sod is established water i to I*per week to maintain i Common Kentucky Bluegrass 26% 11. Maintenance: Include all watering and fertlizing as specified.- Include ' J f,- f If ��— f' i Lawn seed mix shall be as follows: Scale 1 20 0 Scale 1 20 0 ! °Newport Kentucky Bluegrass - 27X mowmq through Lrrol acceptance. Owner will assume all maintenance ! Park Kentucky Bluegrass 27% responsibilites at this time. See specification,book for maintenance m i Perennial Ryegross 12% contract proposal requirements. ! Creeping Red Fescue 8%. - m- 12. Quantities to include in bid (Not all inclusive. Various other-items Rate a 4#/ 1000 sq. ft. should also be included in contractors bid. These omounts ore intended - w t00 0 assist in Interbidder consisilency and to assist in accuracy since plane - be - ' ,...,6..-Wetland.seeding:.... Bottom of,detention.pond.and any areas disturbed.,: ore at p,large.scale. All bidders should confirm all quantities. Report by trail construction shall be seeded as.follows(both Zone1.and 2): differences to Landscape Architect immedidately.): I c=i Western Wheatgrass 50% Edging 1243 In. ft. q Slreambonk Wheotgross 50% Rock Mulch 16,482 sq. ft. I - l N i Rate = 2#/ 1000 sq.ft. - Sod 44,250 sq.ft. - a i- Lawn Seeding 131,915.sq, fit. Seed area ® - mz - � - Wetland seeding shall be completed between March 15 to 31,or Wetland Seeding 84,662 aq. ft. 5 1 - .September.15.to November 1 as weather allows. Soils shall not be Drylond Seeding 150,430 sq. ft. d,IStUrbed by, MODIFICATION5 ! - ! frozen. Slopes greater than 3 to i shall be hydromulehed. Hydromulch 73,453 sq. it. tS011 COIIStt-UCt10n I se ,l { DETAIL ! 7, D land seeding: An areas disturbed b construction that are rat:. 13. Gazebo 12' x 12' Parklond/Echo plans and/or a evaIIOI"'JW Z ~¢ H- I ry s r r to Wetland See ® p apeafied as lawn shall be restored by seeding to a dryland mix as Arbor = 12 x 46 ChriarteD Parkland };... }} a G NNu! - follows: um Trail 4698 Christie Dr.,Bevmaville, Ontario LoR IB4 - I\/IIX �1 out a proval Q Z 5 Slender Wheotgross 25% - (905)563-8133, soles•limestonetrail.com Both structures to be set on - }l., co - _ Western Wheatgrass 45% concrete pad with footings according to manufacturer's recommendations. OI71 Lyle PI �u U J Q -I Thickspike Wheatgross 15%. ann!ng Office � W Sheep Fescue - 15% 14.Prior to layout of plantings and beds contractor will have utilities � � Q Q >w N LLJ + Rote - 2#/1000 sq. ft. located. No trees shall be located closer than 10 feet from sewer or 7 Z > N Dryland seeding shall be completed between March 15 to May 31,or water lines. Landscape Architect shall approve entire layout.prior to 4 W O o ! September 15 to November 1 as weather allows.. Soil,shall not be installation. ; J Q O m m a frozen. Slopes greater than 3 to 1 shall be hydromulched. --- + + J 15. Written specifications on plan are into dad to augment specification ! - D LS \/ • • B. Tree Grates: Provide and install 6 tree grates for trees along front book. Contractor should refer to book for additional requirements. ! ORIGINAL ! of building in sidewalk area. Use Neenah Foundry Boulevard 48"square ��� 17 ?QQs; D ISSUE DATE: 1112JOB ' I grate with frame{jR-8708,1-800-558-5075. � PERMIT SET ' ,5 i - �. aWARIMENTOEPUWNING ISSUE DATE:3115108 Southeast Entry Island AN0 DOMMDNITY EPII -CONSTRUCTION SET (� � ISSUE DATE: 414/08 •�' � DRAWING NUMBER: L P, Scale 1"= 20'0" ' Scale 1"= 10'0" L-2 - MTEIFCPIE PREVISIONS =i.••. .. O 199mmm AISSUEOATE DATE DESCRIPTION w ul w w=w w uv w w w w w w w w w w w w w SS 5 , — — — — w U PG . . W ■-- UTIL:N--- L_ ' TIL--. .r - O7rn I. _ V1II1I b p(� ice I1'lrnIII'.{I' N 1j////llll 11\11\\\` � I # hoc^ LOWE'S HIW.INC. — I 1830 FARADAY,CA SUITE 140 ' e CARLSBAD CA 92008 •• 333 e — 1760.804.530D(h 7fi0.802.1078 In fm �, WNW � Starr' 333 F 4- , n m = 1 \ �•' SS S5 SS SS "S S 5 SS �SS—=-® •.1 ci ® • • SD ~,• Q3 N A0ir� E ! o ttl�.sm. fans r qdI Au Q� N p nor elevatio 'i.a 25 vvit MUt D! I -1—n approva Q 0 firc)rn ti a. Pl nn;ig Of1ice o Z W w * * * a Z Z ONN w IZ O m m a ORIGINAL I IS SSUE PERMIT SET: 1/12108 '•,y„:!' ,y:'.'°"„ '(:° +,'« i`� ' r..L j"`6 T, JUL 1.7 2006 D ISSUE DATE:3/18/08 OEPNDMENTOf PLANNING' CONSTRUCTION SET buk) •. ` I pND COMMDNItt DEVEIOPMEBr ISSUE DATE:414/O6 Z—Q DRAWING NUMBER: - _ L-3 C CD Q 3 m (D co :3 l P` .,-,. c � a� E ,c , Q. 0 > � � � � � •, i • —PRIVATE ACCESS DRFVE A'ji NO CHANGE AREA LDWS Woffism Sim SELLER 0OMb(ERClAL PARCEL PRIVATE jo Slo 15' 15, 30' RAINAGE STORM WATER DRAINAGE 4 EASEMENT AREA R7:�OJG!fiY•4"Y.'1::'�SY:I'�J'aA / I / •r SELLER ADJACMT PARM WWI��-Xe� OPEN SPACE EASEMENT AREA - - - - - - - - - - 2207231 I IIIIII IIIII Ilill IIIIII III' II(IIIIIIII III IIIIIII II IIII Page; 65 of 6 1012712005 1 :07A Shelley Vance-Gallatin Cc MT MISC 392.00 Schedule III Legal Description Lot 2 Lot 2B3 of Certificate of Survey 1215 G.located in Section 1,Township 2 South, Range 5 East, P.M.M.,Gallatin County,Montana. • NS� 11; Eft r_ l � '^ 2207231 11111111 pill 11111111111111111eas:, 111 Illilll���1111111��IIII 10127/2005f i 11607A Shelley Vane-QallaUn C° MT MISC 392.0 Schedule II Legal Descriptions Seller Commercial Parcel and Seller Adjacent Parcel Lot 2B2 of Certificate of Survey 1215__G,located in Section 1,Township 2 South,Range 5 East, P.M.M., Gallatin County, Montana divided and referred to as follows: SELLER COMMERCIAL PARCEL LEGAL DESCRIPTION Beginning at the Northwest corner of Section 1,Township 2 South,Range 5 East, P.M.M.; thence S86°59'22"E along the North line of said Section 1, a distance of 796.36 feet;thence leaving said section line, SOl°49'03"W a distance of 377.60 feet;thence N88°10'57"W a distance of 796.18 feet a point on the West line of said Section 1; thence NO1°49'03"E along said West line a distance of 394.18 feet to the Point of Beginning. Said tract contains 7.05 acres,more or less,and is subject to all easements and/or reservations and/or dedications existing, shown, or of record. SELLER ADJACENT PARCEL LEGAL DESCRIPTION Commencing at the Northwest corner of Section 1, Township 2 South, Range 5 East, P.M.M.; • thence S86°59'22"E along the north line of said Section 1 a distance of 796.36 feet to the Point of Beginning; thence S86°5922"E continuing along the north line of said Section 1 a distance of 84.41 feet; thence leaving said Section line, S02°44'53"W a distance of 60.47 feet to a point on the southerly right of way of Baxter Lane; thence along said southerly right of way of Baxter rya Lane the following two (2) courses; S86°39'20"E a distance of 197.82 feet to the beginning of a 752.42 foot radius tangential curve concave to the southwest; thence along said curve a distance N S of 296.36 feet to the NW corner of Tract 2A of Certificate of Survey (COS) 1215F, said point C a also being the NE corner of TRACT 1 B2 of COS 1215E; thence SO1°14'12"W along the westerly line of said Tract 2A of C.O.S. 1215F a distance of 1151.87 feet to the NE corner of Lot 5 of BRIDGER PEAKS VILLAGE SUBDMSION, said point also being the SE corner of said a TRACT 1 B2; thence N89°03'24"W along the northerly line of said Lot 5 a distance of 602.68 a. = feet; thence NOl°49'07"E leaving said northerly line a distance of 83.86 feet to the beginning of a 290.00 foot radius tangential curve concave to the southeast; thence along said curve an arc length of 75.92 feet;thence N 16°49'03"E a distance of 7.90 feet to the beginning of a 315.00 foot radius tangential curve concave to the northwest; thence along said curve an arc length of 82.47 feet; thence NO 149'03"E a distance of 1045.71 to the Point of Beginning. Said tract contains 16.17 acres,more or less, and is subject to all easements and/or reservations O ; and/or dedications existing, shown, or of record. IIIIIIIII III IIIII IIIIII IIIII III IIIIIIII III(IIIIII II(III 22®7231 q S chedu. Shelley Venom-Gallatin Cc MT MISC 262.00 Legal Description Lowe's Parcel Lot 2B1 of Certificate of Survey 1215_G located in Section 1,Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. fA N O fpD N 00 0 W W H � O fl � C d C • llilll llill lllii llilil lllll111llllllll lil llillll ll llil 2�02 of 56 Signature Page for Saccoccia III(ECG&Rs): Shelley Vance-Gallatin Co MT MI9C 392.00 SACCOCCIA III: By: Name. . Title: STATE OF,t0jLj00&::: _ ) ss. COUNTY OF 6a\,ahA ) ON THIS Jj-!S day of G2hbV , 200<before me, the undersigned, a Notary Public in and for said County and State, personally appeared Lie to me personally known to be the person described in and who executed the foregoing t0 N instrume nt, by me first duly sworn, stated that he/she is the of= a nfYir 60A Ill _ , and that he/she executed AcIrlinstrument on 00 o e behalf of said corporation by authority of its board of directors, and said person acknowledged to n me that he/she executed such instrument as the act and deed of said corporation. N4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the a; day and year last above written. Notary Publick'-6kkVW) g Printed Name: y z: N5rF� My Commission Expires:osj-17,zouj 5 Kris Harriman Notary Public, for the State of Montana / Vie: Giri� 2t GOzwiian, Montana A R R/2�9�i My Crnumi lion Expires:August 12, 2006 NEW OF;AO��\\ 50 • ECCR!sv t o.DOC I IIIIII IIIII IIIII IIIIII IIIII ll�IIN�III III IIIIII Ill IIII 22 51 of Be 07231 p Signature Page for Saccoccia II(ECC&Rs): Sheller Vence-Gallatin co MT M1Sc 392.00 SACCOCCIA 11: By: Title: STATE OF COUNTY OF&A_b;'�r1 ) ON THIS lfday of n&r ar-- . 200_5_beforp� me, the undersigned, a Notary Public in and for said County and State, personally appears 1'1�N Q t234UMY&7k to me personally known to. be the person described in and who executed the foregoing instrument, who,being by me first duly sworn, stated that he/she is the of 5=eycj,I, S= , a lWytt9m I A k. . and that he/she executed 9&h instrument on behalf of said corporation by authority of its board of directors, and said person acknowledged to g me that he/she executed such instrument as the act and deed of said corporation. �o� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. N d Notary Public y, t. g Printed Name: Tn; ,)j3;(' My Commission Expires:C. ►? cZOLn Kris Harriman, Not'ary Pub!ic for the State of Montana —M \` A R R ��� Rasioina zf Bozeman. Montana e= ; \S N /� /�� My Commis cin Expire.;:Auuu�;r 1;. 200f.; Q OF 0' i m 0 49 ECC1VsV 10.DOC 9 0 �. ,.ft% 01/07/2002/Easements, Covenants,Conditions and Restrictions I(IIIII IIIII IIIII IIIII)IIIII III 0111111111111111111111 0�®as of a 72��/2006 p Shelloy Vance—Gallatin Co MT MISC 892.e0 Signature Page for Lowe's(ECC&Rs): LOWE'S: Lowe's HIW, Inc., a Washington corporation Attest: r01 By: Name: D. Bennett Name: Title: Tvin stant SscrP`P-.'� Title: David E. Shelton Senior Vice President STATE OF NORTH CAROLINA ) )ss. COUNTY OF WILKES ) ON THIS A� day of 040be f 2005, befo a me, the undersigned, a Notary Public in and for said County and State, personally appeared, w A Sh 4no to me personally known to be the person described in and who executed the foregoing instrument, who,being by me first duly sworn, stated that he/she is the y7'�1r. y �ire-�I E)4 of LOWE'S HIW, INC., a Washington corporation, and that he/she executed such instrument on o behalf of said corporation by authority of its board of directors, and said person acknowledged to S f a me that he/she executed such instrument as the act and deed of said corporation. 01 ri Ndg IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. A A � W Notary P c Printed Name: OFFICIAL SM Ic SHEILA H.VANNOY re My Commission Expires: NOTARY RaDNORTH CAROLINA MMY of WILITS 0 Commisdon 16 _U —08 o 0. 48 ECCR'sV IO.DOC I illlil iilll IIIlI illlll ilil!ili llllilli III Iilill III lili zz�'z31q Section 7.9 Counterparts: Shelley Vance-Gallatin Cc MT MI6C 362.00 These ECC&Rs may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. Section 7.10 Relationship of the Parties: Nothing contained herein shall be construed or interpreted as creating a partnership, joint enterprise or joint venture between or among the Parties hereto or the Owners. It is understood that the relationship between the Parties hereto and Owners is an arms length one that shall at all times be and remain that of separate owners of real property. No Party hereto nor any Owner shall have the right to act for or on behalf of another Party or Owner, as agent or otherwise, unless expressly authorized to do so by separate written instrument signed by the Party or Owner to be charged or bound, except as otherwise specifically provided herein. IN WITNESS WHEREOF, the Parties hereto have executed and delivered these ECC&Rs as of the day and year first written above. [Remainder of Page Left Intentionally Blank; Signatures on Following Pages] N�a C4 a � A C � O t1 � C � T 47 ECCR'sV 1 O.DOC 0 r. 22i'231 (II�II��dl IIIII IIIIII IIIII III IIIIIIII III NIIII III Ilil P0/27/2006r 18607R Shelley Vanes-Gallatin Cc !R 1416C .392.00 Copy to: Lowe's HIW, Inc. Box 1111 (Highway 268 East,North Wilkesboro,North Carolina 28659) North Wilkesboro,North Carolina 28656-0001 Attention: Legal Department(REO) Section 7.5 Ground Lessee Assi ninent: The rights and obligations of any Owner hereunder may be assigned in whole or in part to one or more ground lessees which rights and obligations shall be expressly assumed by such ground lessee or lessees for the term of the ground lease or leases between such Owner and such ground lessee or lessees. Section 7.6 No Covenant to Continuously Operate: The Owner of the Lowe's Parcel is not obligated to continuously operate a business on the Lowe's Parcel and, specifically, is not obligated to continuously operate or operate for any specific period of time a Lowe's building supply or home improvement retail warehouse or any store on the Lowe's Parcel. Nothing contained in these ECC&Rs shall be construed, interpreted or otherwise read to require the Owner of the Lowe's Parcel to operate a business on the Lowe's Parcel or to prevent the Owner of the Lowe's Parcel from closing its business on the Lowe's g Parcel. Section 7.7 Severability: N In the event any provision or portion of these ECC&Rs is held by any court of competent Nn jurisdiction to be invalid or unenforceable, such holding will not affect the remainder hereof,and m 0 the remaining provisions shall continue in full force and effect to the same extent as would have been the case had such invalid or unenforceable provision or portion never been a part hereof. Section 7.8 No Public Dedication: rE Nothing contained herein shall be deemed or implied to be a gift, grant or dedication of the Project; the Shopping Center,or any portions thereof,to the general public, or for any public use r A _ o or purpose whatsoever. Except as may be specifically provided herein, no right, privileges or g immunities of any Owner hereto shall inure to the benefit of any third-party, nor shall any third- party be deemed or considered to be a beneficiary of any of the provisions herein contained. a= � • 46 ECCTVsV 10.D0C i I IIIIII IIIII IIIII IIIIII IIIII ill llllllll 111 llllll 111 llll 2207231 p Section 7.4 Notices: Shelley Vance-Gallatin Cc MT MISC 802.00 Any notice or invoice required or permitted to be given under these ECC&Rs shall be in writing and shall be deemed to have been given upon deposit in the United States Mail as Certified Mail, Return Receipt Requested, postage prepaid or deposit with a nationally recognized overnight delivery service, and addressed to the Party being notified at the address given below (or such other address which any party may designate for itself from time to time hereafter by written notice to the other Party). Upon change of ownership of any Parcel,the new owner shall provide notice to the Consenting Owners of such change. Saccoccia II: Saccoccia II, LLC Philip Saccocia,Jr. 1234 Springhill School Road Belgrade,MT 59714 With a copy to: Donald E.Theriot Bordelon,Hamlin and Theriot 701 South Peters St. New Orleans,LA 70130 m Saccoccia III: Saccoccia III,LLC ap 080 Philip Saccocia, Jr. 1234 Springhill School Road 0 Belgrade,MT 59714 Na 0 % With a copy to: Donald E.Theriot M Bordelon,Hamlin and Theriot g 701 South Peters St. C = New Orleans,LA 0130 Lowe's: Lowe's HIW,Inc. Box 1111 C a (Highway 268 East,North Wilkesboro,North Carolina 28659) North Wilkesboro,North Carolina 28656-0001 ■�� > Attention: Property Management Dept. (REO) 45 ECCR'sV 1 O.DOC •—. f I I I ,� (IIIII IIIII IIIII IIIII)IIIII III ?207231 IIIII�II I'I I�'lll 111 l�ll 1012712005 11.07A Shelley Vanoe-Callstln Cc MT MISC 322.00 or are modified (and stating the modification); and (ii) whether or not such Owner has sent any notice of any default to any other Owner under these ECC&Rs. Section 7.2 Term and Perpetuity: The agreements, conditions, covenants, and restrictions created and imposed herein shall be effective upon the date hereof and shall continue in full force and effect, to the benefit of and being binding upon all Owners, their heirs, executors, administrators, successors, successors-in- title, and assigns until the expiration of sixty (60) years from the date hereof, unless terminated by the consent of all the Owners pursuant to a writing recorded in the real property records of the county and state in which the Project is located. Said agreements and restrictions shall be unaffected by any change in the ownership of any real property covered by these ECC&Rs or by any change of use, demolition, reconstruction, expansion or other circumstances, except as specified herein. Notwithstanding the foregoing, the easements contained herein binding and benefiting the Parcels shall be perpetual and shall run with the land. Upon termination of the agreements, conditions, covenants and restrictions of these ECC&Rs, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of these 40��N ECC&RS, except as related to the easements cited and mentioned herein, shall terminate and �o� have no further force or effect. N o Section 7.3 Amendment: Nd� v These ECC&Rs may not be amended except by agreement of the Consenting Owners in writing. Any amendment that would materially and substantially change the easements granted under g Article 2, the uses permitted under Article 3, or the development requirements of Article 4 shall re require the prior written consent of any Owner reasonably likely to be materially adversely eeee>_ 0 impacted by such amendment,which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not grespond within the foregoing thirty (30 day period, the Owner seeking consent shall send out a Csecond notice stating within such notice that, if the Owner does not respond within ten(10)days, C such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten(10) days of receipt thereof, such Owner is deemed to have consented. 44 ECCR'sV 1 O.DOC s IIIIII IIII!IIIII IIIIII Iilll III IIIIIIII 220'?31II� 1111111111 10/27/2005 11:07A Shelley Vance-Gallatin Co MT M1SC 992.00 Owner to take action in respect to such default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default and/or period of time specified in such express waiver. One or more written waivers or any default under any provision of these ECC&Rs shall not be deemed to be a waiver of any subsequent default in the performance of the same provision or any other term or provision contained in these ECC&Rs. Section 6.8 No Termination for Breach: No breach, whether or not material, of the provisions of these ECC&Rs shall entitle any Owner to cancel, rescind or otherwise terminate these ECC&Rs, but such limitation shall not affect, in any manner, any other rights or remedies which any Party may have hereunder by reason of any breach of the provisions of these ECC&Rs. Section 6.9 Limitation of Liability on Transfer of Title: Notwithstanding the foregoing, any person acquiring fee or leasehold title to a Parcel, or any portion thereof, shall be bound by these ECC&Rs only as to the Parcel or portion of the Parcel acquired or possessed by such person. In addition, such person shall be bound by these ECC&Rs only during the period such person is the fee leasehold Owner or occupant of such Parcel or 0 0N portion of the Parcel; and, upon conveyance or transfer of the fee or leasehold interest shall be a0 0 released from liability hereunder, except as to the obligations, liabilities or responsibilities that a accrue prior to such conveyance or transfer. Although persons may be released under this N oa Section 6.9, the easements, covenants and restrictions in these ECC&Rs shall continue to be N4� a benefits to and servitudes upon said Parcels running with the land. Section 6.10 Attorneys Fees: g In the event of a breach hereof,the non-prevailing Owner shall pay the reasonable attorney's fees 1< of the prevailing Owner. 5 ARTICLE VU n MISCELLANEOUS Section 7.1 Estoppel Certificates: Each Owner in the Project shall upon not less than thirty(30) days from receipt of written notice M from the requesting Owner execute and deliver to the requesting Owner a certificate in recordable form stating that (i) either these ECC&Rs are unmodified and in full force and effect 43 ECCRW10MOC ++ + ! + 2207231 II I I I I II I II BIII I I I I II I I II I I I I I I I III I I III IIIIII I I I III Page: 44 27,2006 r 417 VA ShMllay Vane"91WIn Cc RT RISC 302.00 final and non appealable judgment has been granted awarding a lien. The claim of lien shall include the following: (A) The name and address of the lien claimant; (B) A statement concerning the basis for the claim of lien and identifying the lien claimant as a Curing Owner and/or Curing Party; (C) An identification by name and address(if known) of the Owner or reputed Owner of the Parcel or interest therein against which the lien is claimed; (D) A description of the Parcel against which the lien is claimed; (E) A description of the work performed which has given rise to the claim of lien; (F) A statement itemizing the total amount due,including interest; (G) A statement that the lien is claimed pursuant to the provisions of these ECC&Rs, reciting the date,book and page of recordation hereof. The notice shall be duly acknowledged and contain a certificate that a copy thereof has been g served upon the Owner against whom the lien is claimed, by personal service or by mailing �° pursuant to Section 7.4 below. The lien so claimed shall attach from the date of recordation �o� solely in the amount claimed thereby and maybe enforced in any judicial proceedings allowed by r N.e d law, including without limitation, suit in the nature of a suit to foreclose a mortgage or a mechanic's lien under the applicable provisions of the law of the State in which the Shopping Center is located. g Section 6.6 Cumulative Remedies: rr All of the remedies permitted or available to a Consenting Owner under these ECC&Rs or at law p or in equity shall be cumulative and not alternative, and invocation of any such right or remedy r shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. C or Section 6.7 No Waiver: No delay or omission of any Owner in the exercise of any right accruing upon any default of any other Owner shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. No waiver by any Owner of any default under these ECC&Rs shall be effective or binding on such Owner unless made in writing by such Owner and no such waiver shall be implied from any omission by an 42 ECCR'sV 10.MX s � II 11 ll �, I I��III IIII�I�III III��I I�III I�I IIIIIII 2207231 Be II��IIIII(�I IIII 10/27/20050 11:07A Shallay Vanoa—Gallatin Cc MT MISC 392.00 that in the event'the default shall constitute an emergency condition involving an immediate and imminent threat of substantial injury or harm to persons or property,the Curing Owner, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, due to such emergency, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, the Curing Owner shall have the right to enter upon the Parcel of the defaulting Owner(but not into any Building) to perform any necessary work or famish any necessary materials or services to cure the default of the defaulting Owner. Each Owner shall be responsible for the non-. performance or default of its Occupants and lessees. In the event any Curing Owner shall cure a default, the defaulting Owner shall reimburse the Curing Owner for all costs and expenses incurred in connection with such curative action,plus interest at the Default Rate,within ten(10) business days of receipt of demand, together with reasonable documentation supporting the expenditures made. g Section 6.4 Cure Riaht Easements. Each Owner in the Project hereby grants to the other Owners an easement and license to enter upon its Parcel for the purpose of exercising the cure rights provided under Article V of these N N4�a ECC&Rs. Each Grantee of the easements granted under this Section 6.4 shall defend, indemnify Q and hold Grantor harmless from and against all liens, losses, liabilities, costs 'or 'expenses (including reasonable attorney's fees and excluding punitive damages) incurred in connection g with or arising out of Grantee's use of said easements, except to the extent occasioned by the Grantor's grossly negligent or intentional wrongful act or omission to act. The duration of the easements granted under this Section shall be coterminous with the respective provisions of the ECC&Rs which give the Grantee the right or the obligation to perform the work described in this n Section 6.4. ' Section 6.5 Liens: m Costs and expenses accruing and/or assessed pursuant to Section 6.3 above and the amounts described in Section 6.1 shall constitute a lien against the defaulting Owner's Parcel. A lien under this Section 6.5 or under Article V shall attach and take effect only upon recordation of a claim of lien in the applicable real estate records office of the county in which the said Parcel is located, by the Curing Owner or Curing Party making the claim. A lien may attach only after a 41 ECCR'sV 10MOC 1117231l 02005 a 56 Shelley Vance-Gallatin Cc MT MISC 392.00 ARTICLE VI DEFAULT, REMEDIES FOR THE PROJECT Section 6.1 Default: The occurrence of any one or more of the following events shall constitute a breach of these ECC&Rs by the non-performing party(the"defaulting Owner"): (A) The failure to perform any obligation of Article V hereof and to cure such failure within the time requirements cited therein which shall be a breach under these ECC&Rs without necessity of any further notice to the defaulting party other than as provided for in Article V; (B) The failure to make any payment required to be made hereunder within ten (10) business days of the due date which shall be a breach under these ECC&Rs which shall be a breach under these ECC&Rs,or (C) The failure to observe or perform any other of the covenants, conditions or obligations of these ECC&Rs or to abide by the restrictions and requirements herein provided, other than as described in (A) above, which shall be a breach under these ECC&Rs after expiration of thirty (30) days after the issuance of a notice by a non-defaulting Owner ("Non- Defaulting Owner") specifying the nature of the default claimed. n Section 6.2 Remedies for all Owners: Each non-defaulting Owner shall have the right to prosecute any proceedings at law or in equity N Sa against any Owner or any other person for breach of any easement or restriction benefiting such Nn� non-defaulting Owner. Such proceeding shall include the right to restrain by injunction any such ca violation or threatened violation and to obtain a decree to compel performance of any such easements or restrictions but shall not include any remedy for punitive damages. No Permittee shall have the right to bring any action to enforce any provision of these ECC&Rs and no enforcing Owner shall have the obligation to join any Permittee in any action to enforce these ECC&Rs. Section 6.3 Right to Cure: With respect to any default under Section 6.1, any Non-Defaulting Owner who is a Consenting FOwner(the"Curing Owner") shall have the right,,but not the obligation, to cure such default by m the payment of money or the performance of some other action for the account of and at the expense of the defaulting Owner (except as otherwise limited in Article V); provided, however, 40 i ECCR'sV 10.DOC w I����I)�III�(��II IIIIII IIIII lil�Ill�lli II�IIII)ill i� 122 41 of Be 07Z31q 6hallay Vance-Gallatin Co MT MISC 392.00 in addition to such Owners' other remedies, thereafter obtain and pay for such insurance. The Curing Party shall then invoice the defaulting Owner for the expenses incurred. The defaulting Owner shall have fifteen (15) days after receipt of the invoice to pay the Curing Party. If the defaulting Owner does not so pay, the Curing Party shall have a lien on the Parcel of the defaulting Owner for the amount of the invoice, which amount shall bear interest at the Default Rate from the date of expiration of said fifteen(15)days period until paid. Section 5.7 Cross Indemnitv: To the extent not covered by the insurance policies described above, each Owner (the "Indemnitor") will pay, and indemnify and save harmless the other Owner (the "Indemnitee") from and against, all liabilities, losses, damages, costs, expenses (including attorneys' fees and expenses and excluding punitive damages), causes of action,suits,claims,demands or judgments of any nature arising from: (i) any injury to or death of a person or loss of or damage to property occurring on the Indemnitor's Parcel; (ii) any use or condition of the Indemnitor's Parcel; and (iii) any gross negligence or intentional tortious acts of the Indemnitor or any of his tenants, licensees, invitees, customers, agents or employees, except to the extent that such causes of action, suits, claims, demands or judgments arise out of the negligence or intentional misconduct a N of the Indemnitee. N Nd� Section 5.8 Waiver of Subrogation: a Each Owner in the Project (the "Releasor") hereby releases the other Owner (the "Releasee") from any and all liability or responsibility to the Releasor or anyone claiming through or under �.� g the Releasor by way of subrogation or otherwise for any incurred loss or damage to any person or r, property caused by fire or other peril or other such loss, damages, or other insured event or ...�� 0 negligence of the Releasee, or anyone for whom such Releasee may be responsible; provided, however, that this release shall be applicable and in force and effect only with respect to loss or 0 damage occurring during such time as the Releasor's policy or policies of insurance shall contain a waiver of subrogation endorsement,to the effect that any such release shall not adversely affect or impair said policy or policies or prejudice the right of the Releasor to recover thereunder. La 39 ECC Ml0.1)OC • 0 V 111111 IiI 111111111111111111 M111 1111111,11111111 2207231 10/27/2005 11!07A Shall" Yana*-Gallatin Cc MT MISC 392.00 (4) $5,000,000 general aggregate. (e) Automobile Liability Insurance. Automobile liability insurance (bodily injury and property damage liability) including coverage for owned, hired, and non-owned automobiles, shall have limits of liability of not less than $1,000,000 combined single limit each accident for bodily injury and property damage combined. (f) Umbrella/Excess Liability Insurance. Each Owner shall also carry umbrella/excess liability insurance in the amount of$5,000,000. (B) Insurance Coverage: The policies of insurance as required in Section 5.5(A) shall be provided by insurance companies rated at least B+/VII and licensed in the State of Montana, shall name every other Owner in the Project as an additional insured, and shall provide that such insurance shall not be canceled or reduced in an amount or coverage below the requirements of these ECC&Rs without at least thirty (30) days prior written notice to the additional insureds. All insurance may be provided under(i) an individual policy covering this location, (ii)a blanket policy or policies which includes other liabilities, properties and locations of such Owner, provided, however, that if such blanket commercial general liability insurance policy or policies i0 contain a general policy aggregate of less than $10,000,000.00, then such insuring Owner shall 0.6r also maintain excess liability coverage necessary to establish a total liability insurance limit of 9 N $10,000,000.00, (iii) a plan of self-insurance, provided that such Owner or its parent has Nd a $100,000,000.00 or more of net current assets, or (iv) a combination of any of the foregoing .� I insurance programs. To the extent of any deductible carried by an Owner, such Owner shall be deemed to be covering the amount thereof under an informal plan of self-insurance; provided, Le r U however, that in no event shall any deductible exceed $250,000.00 unless (a) such Owner complies with the requirements regarding self-insurance pursuant to (iii) above or (b) such Owner or its parent maintains net current assets in excess of $100,000,000.00. Each Owner agrees to fiunish to any party requesting in writing the same, a certificate(s) of insurance evidencing that the insurance required to be carried by such party is in full force and effect. Section 5.6 Failure to CaM Insurance: ~� In the event an Owner in the Project fails to maintain the insurance described above, which failure continues for a period of ten (10) days after written notice thereof, such failure shall constitute a breach under these ECC&Rs and either Consenting Owner(the"Curing Party')may, 38 ECCIVsV 10.DOC 0 • I! I I IIIIII IIIII III 2207231IIIIIIiI � I1111111111 i IIIIII IIIIII Shelley Vanoo-Callattn Co MT MISC 392.00 taxes if such taxes are delinquent and the owing Owner has not commenced and is not duly prosecuting any contest of such taxes. The Curing Party shall then invoice the defaulting Owner for the expenses incurred. The defaulting Owner shall have ten (10) business days after receipt of the invoice to pay the Curing Party. If the defaulting Owner does not so pay, the Curing Party shall have a lien-on the Parcel of the defaulting Owner for the amount of the invoice, which amount shall bear interest at the Default Rate from the date of expiration of said ten(10)business day period until paid. Section 5.5 Insurance: (A) Insurance Coverage: Each Owner in the Project shall at all times maintain or cause to be maintained with respect to its Parcel and all Buildings and Improvements thereon and by any contractor during any construction activity on such Owner's Parcel, at least the minimum insurance coverage set forth below: (i) Worker's Compensation and Employer's Liability Insurance. (a) Worker's compensation insurance as required by any applicable law or g regulation. (b) Employer's liability insurance in the amount of$2,000,000 each accident a(V for bodily n g, y injury, $2,000,000 policy limit for bodily injury by disease and $2,000,000 each g employee for bodily injury by disease. (ii) Commercial General Liability insurance with the following minimum limits of liability and coverages: .`. g (a) Premises and Operations; i (b) Products and Completed Operations; (c) Contractual Liability (insuring the indemnity obligations assumed by any jcontractor working on an Owner's Parcel under contract documents); (d) Broad Form or Special Form Property Damage, including Explosion, Collapse and Underground Hazards or Earthquake, for the full replacement cost of Buildings and Improvements on an Owner's Parcel(including Completed Operations): (1) $2,000,000 for Bodily Injury and Property Damage each occurrence; (2) $3,000,000 for Personal and Advertising Injury Liability; (3) $5,000,000 aggregate for Products and Completed Operations; 37 ECCR'sV 10.DDC Illlil Ilill illli IIIIiI IIIII III Illiliii II.�����lill Iiil �@'?�0 p Shelley Vanoe-Oallatln Co NT MISC 392.00 square footage of such Owner's sign panel and the denominator of which is to the total square footage of all sign panels on the Center Sign. Section 5.2 Maintenance Director: Subject to the mutual agreement between the Owner of the Lowe's Parcel and the Owner of Lot 2, a third party may be appointed to maintain and repair the Common Areas in the Shopping Center in the manner as above outlined(the"Maintenance Director"). The Maintenance Director may receive for such agency a fee that is mutually acceptable to the Consenting Owners to cover supervision, management, accounting and similar fees. The cost of all maintenance and repair activities undertaken by the Maintenance Director,together with the agency fee,shall be prorated between all Owners based upon acreage owned. Each Owner shall pay its proportional share of all such costs and fees within thirty(30)days following its receipt of a detailed invoice thereafter. Section 5.3 Failure in Performing Maintenance Responsibilities: In the event that an Owner fails or defaults in its maintenance obligations as set forth in Section 5.1,which failure continues for a period of thirty(30)days(ten[10]business days in the event of �a a failure to pay money) after receipt of written notice thereof specifying the particulars of such NA failure, such failure shall constitute a breach under the ECC&RS and either Consenting Owner 1 C S (the "Curing Party") may thereafter perform such maintenance obligations, in addition to such Owner's other remedies. The Curing Party shall then invoice the defaulting Owner for the expenses incurred. The defaulting Owner shall have fifteen (15) days to pay the Curing Party 51 after receipt of the invoice. If the defaulting Owner does not so pay, the Curing Party shall be 3 entitled to obtain a judgment lien on the Parcel of the defaulting Owner for the amount of the invoice, which amount shall bear interest at the Default Rate from the date of expiration of said q� fifteen(15)day period until paid. S Section 5.4 Taxes: ; The Owner of each Parcel in the Project shall pay or cause to be paid, prior to delinquency, -� directly to the appropriate taxing authorities all real property taxes and assessments which are levied against such Owner's Parcel. In the event an Owner fails to pay when due all taxes and assessments described herein, which failure continues for a period of ten (10) days after written notice thereof, such failure shall constitute a breach under these ECC&Rs and either Consenting Owner(the"Curing Party") may, in addition to such Owners' other remedies, thereafter pay such 36 ECCR'sV IO.DOC 23111IMin. 11117/2009116B07R Slwllay Vance-Gallatin Cc MT Mt6C 392.00 ARTICLE V MAINTENANCE,TAXES AND INSURANCE Section 5.1 Maintenance: (A) Maintenance in the Project. Each Owner in the Project shall maintain the Building(s), the Common Areas and the roads, access drives and parking areas on its Parcel in good order and condition and state of repair in accordance with the standards of first class shopping center operation including(but not limited to) sweeping and removal of trash,litter and refuse, painting and striping of parking areas, repair and replacement of paving as necessary(but in no event more often than once every seven (T) years), maintenance of landscaped areas (including replacement and replanting), removal of ice and snow from driveways and parking areas, and maintenance and repair of lighting standards and signs. Each Owner in the Project covenants that it, in addition to other requirements of this Section, will keep the inside and outside of all glass in the doors and windows of its Buildings clean;will maintain its Buildings at its own expense in a clean, orderly and sanitary condition and free of insects,rodents,vermin and other pests; will not permit accumulation of garbage, trash, rubbish and other refuse, and will o remove same at its own expense, and will keep such refuse in proper containers or compactors in places designated therefore until called for to be removed; and will keep the Common Areas on V.m d its Parcel clear of accumulations of ice and snow. The maintenance and repair of the Buildings a and Improvements on each Parcel in the Project shall be of such a character that their appearance will be in a neat and orderly appearance, and, accordingly, the Owners agree to cooperate with each other in good faith with respect to said maintenance and repair and,to the extent reasonably possible,coordinate such repair and maintenance. V (B) Li tin : Each Owner in the Shopping Center shall cause the Common Area on its Parcel to be adequately lit for at least the hours during which the business on the Lowe's C g Parcel is open for business and for one(1)hour after the business on the Lowe's Parcel closes. C (C) Center Signs: The Owner of the Lowe's Parcel shall be responsible for maintenance, repair and replacement of the sign structure for the Center Signs, subject to reimbursement by each Owner entitled pursuant to Section 4.3 to display a sign panel thereon. Each such Owner's share shall be calculated as a fraction, the numerator of which is the total i 35 ECCMIO.DOC I IIIIII iilll IIIII IIIIII IIIII III lillllll III����� III till 2207231 A Shelley Vanoe-Gallatin Co MT MISC 392.00 such Work for which a license is granted above (i) which will be performed by an Owner on another Owner's Parcel (subject to Section 2.3(D)(5)), or (ii) which would adversely affect the ingress and egress to the Shopping Center, the availability of parking and/or circulation of traffic in the Shopping Center, or the operation and supply of common utility facilities to or in the Shopping Center shall be undertaken only after giving the other Owners in the Shopping Center thirty (30) days prior written notice of the Work to be undertaken, and the scope, nature, duration,location and-extent of the Work. Such notice shall include any plans and specifications for the Work ("Plans"). In the event of any emergency involving an immediate and imminent threat of substantial harm or injury to persons or property, only such notice as may be reasonable under the circumstance shall be required. Section 4.7 Compliance in Construction: All Work which an Owner undertakes pursuant to these ECC&Rs shall comply with the Plans(to the extent approved Plans are required under these ECC&Rs), the requirements of all applicable governmental authorities, public bodies and other entities (such as public utilities) having W n jurisdiction, and all applicable laws, ordinances, rules and regulations, including procurement of moo_ all license and permits required for such Work. The consent by the Owner of the Lowe's Parcel Nn m of any such Work or Plans, under any provisions of these ECC&Rs, shall not constitute any 4 assumption of responsibility for the accuracy, sufficiency or propriety of such Work or Plans,nor shall such consent constitute a representation or warranty that such Work or Plans will be _� a economic to construct or will comply with law. �� it it Section 4.8 Damage and Destruction: In the event of the destruction or damage to any extent to any Buildings or Improvements in the Project, the affected Owner shall either: (1) diligently commence and pursue completion of the C 1 repair or restoration of such Building or Improvement, or (2) within ninety (90) days after the ' destruction or damage, level such Building or Improvement, remove the debris and keep the m Parcel neat, orderly,planted in grass and mowed/trimmed(or otherwise treated for dust and weed control)until subsequently improved, constructed upon and operated and so that the Parcel is in a clean,orderly, sightly and safe condition. 34 EMUsV I O.DOC 2207231 III i ICIIIIII II ( II IIIIIIIII 1Page: 35 f MI27/006 18807A IIIIIIilllllllillllll II Sheller Vance-Gallatin Cc MT MISC 392.00 (J) The configuration and design of Lot 2 shall not permit the backing up or turning in by any vehicle directly into parking spaces on Lot 2 from or to any driveway or drive aisle on the Lowe's Parcel. Section 4.5 Parking on the Seller Commercial Parcel and the Seller Adjacent Parcel. The Seller Commercial Parcel and the Seller Adjacent Parcel shall contain sufficient parking to meet the parking requirements of the City of Bozeman, and without relying on parking available, by easement or otherwise,on any other Parcel. Section 4.6 Performance of Construction Work Generallv: All construction, alteration or repair work ("Work") undertaken by an Owner in the Project after the Building on the Lowe's Parcel has opened for business shall be accomplished in an expeditious, diligent and speedy manner. The Owner undertaking such Work shall: (i) pay all costs and expenses associated with such Work; (ii) take necessary measures to minimize disruption and inconvenience caused by such Work; (iii)make adequate provisions for the safety and convenience of the Owners and their Permittees; (iv) control dust, noise and other effects of such work using methods customarily utilized in order to control such deleterious effects associated with construction projects in a populated or developed area; (v) repair any and all damage which may be caused by or result from such Work; (vi) restore all affected portions of �O T! any Parcel to a condition equal to or better than the condition existing prior to beginning such Coos Co%s Work; (vii) indemnify and hold harmless all other Owners in the Project against any mechanics liens for such Work, particularly as to Common Areas; and (viii) obtain all necessary N4governmental approvals. Such Work shall not unreasonably interfere with the business operations on any other Parcel and shall not block or impede the Shopping Center ingress or �■ egress from public streets or ingress and egress from or to the Shopping Center. The party g performing such Work shall limit all construction work and staging areas to its own Parcel and Immommon 8 not encroach on any Common Areas on any other Parcel and shall not utilize parking areas of any other Parcel. In connection with Work performed within the Permissible Building Areas of the g constructing Owner, incidental encroachment upon the common area of the party performing g such work may occur in the use of ladders, scaffolding, store-front barricades and similar facilities resulting in temporary obstruction of portions of such common area, if such encroachment is kept within reasonable requirements of such Work expeditiously pursued. All 33 ECCR!svIO DOC 111111 oil 11111 IN 111 2207 of 6�III�11IIIIII 10/27/2006 11:07A Shelley Vance-Gallatin Co MT MISC 392.00 A An Building construct n 2 shall not exceed twenty-seven 27 feet in ( ) y g constructed o Lot ty ( ) height including any architectural features, towers and parapets, as measured from the finished elevation of the parking area of the Shopping Center. (B) Any rooftop equipment installed on any Outparcel shall be screened as required by the City of Bozeman; (C) No rooftop signs shall be erected on any building constructed on any Outparcel. (D) A Monument Sign may be erected on any Outparcel, but in no event shall such Monument Sign(other than Lowe's Monument Sign)exceed eight(8) feet in height or block the visibility of any signage on any Building located on the Lowe's Parcel or the visibility of any Lowe's Monument Sign or any Center Sign. (E) Any Owner or other party purchasing or leasing from an Owner and having an ownership or leasehold interest in an Outparcel shall repair any damage caused to any of the Utility Facilities, as described in Section 2.3 of these ECC&Rs, serving the Parcels and the Outparcel which is caused by such Owner or party, to the extent the Outparcel benefits from any of the Utility Facilities serving the Shopping Center and the Outparcel. (F) The foregoing restrictions and agreements are imposed on each of the Outparcels A N go for the benefit of the entire Shopping Center. The agreements, restrictions and covenants herein won to N made shall be deemed restrictive covenants running with the land and shall be binding upon each Ni a of the Outparcels and any person who may from time to time own, lease, or otherwise have an C interest in any of the Outparcels. a, p ` (G) The Owner of Lot 2 shall have the right to one(1)curb cut along Access Road on g the eastern boundary of Lot 2 and such shall be right turn from Lot 2 and exit only from Lot 2. (H) The Owner of Lot 2 shall have the right to one (1) curb cut on the western most Access Road along the western boundary of Lot 2 for full ingress and egress. p (1) The Owner.of Lot 2 shall be locate any drive up or drive through lane or aisle 0 C configuration on Lot 2 such that the design will accommodate a minimum of nine(9)cars within C ; Lot 2. No queuing or stacking of any vehicles in connection with such drive through or drive up lane, aisle or window shall be located on the Lowe's Parcel. 32 ECCR'sV l O.DM 0 0 IIIIII lilii IIIII IIIIII IIIII III IIIIIIII III 11,101,11111111220'?31p Shelley Vance-Gallatin Co MT MISC 392.00 (H) The Owner of the Lowe's Parcel grants the Owner of the Seller Commercial Parcel or the Owner of the Seller Adjacent Parcel, whichever Owner constructs the Tschache Monument Sign and maintains and operates such, an easement for construction, maintenance, operation and repair of the Tschache Monument Sign shown on the Site Plan located on the Lowe's Parcel. (I) The location of any Center Sign or Monument Sign and the design of any Center Sign Structure, sign panel, or Monument Sign(other than Lowe's sign panels) shall be subject to the prior written consent of the Consenting Owners, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10)days of receipt thereof, such Owner is deemed to have consented. If an Owner desires to display a sign panel on a Monument Sign or erect a Monument Sign, it shall make its request in writing to the Consenting Owners with a copy of the sign plans. Notwithstanding the foregoing,an Owner Sam does not need the consent of the Consenting Owners for the design of its sign panel on the Center N d Sign and the Monument Signs so long as it is a bona fide national or regional retail or restaurant chain having ten(10)or more locations with the same name within one(1)or more states and the design of such sign panel is substantially the same as the prototype sign panels used for such g chain's facilities. _ a (J) Notwithstanding the foregoing, there may be erected entrance-exit signs to Q facilitate the free flow of traffic, which entrance-exit signs shall be of a monument type, not to WEENNEWE exceed 3'3"in height. _ b 5 (K) There shall be no other free standing signs allowed in the Shopping Center. If t there are any other freestanding signs in the Project, the height of such signs shall not exceed eleven(11)feet in height and shall not block any view of the Lowe's Monument Sign. Section 4.4 Outparcel Development for the Shopping Center: Any Outparcel sold or developed within Shopping Center will only be developed under the following guidelines: 31 ECCR'sV 10.DOC IIIIII IIIII(IIII NNII(IIII III IIIIIIII III II �� 2207231 I IIII IIII 1Paw 32 0l27/2006f 15807R 6hallay Vanes-Callatln Cc MT MI6C 802.00 construction, maintenance and operation of the Lowe's Monument Sign to the Owner of the Lowe's Parcel commencing at the time of its installation of a panel on the Lowe's Monument Sign. Such pro rats share shall be calculated by dividing the square footage of the Owner's sign panel as the numerator by the total combined square footage of all of the sign panels on the Lowe's Monument Sign as the denominator. The Owners having a sign panel on the Lowe's Monument Sign shall maintain their sign panels in good condition. (E) The Owner of the Seller Commercial Parcel grants the Owner of the Lowe's Parcel an easement for construction,maintenance, operation and repair of the Lowe's Monument Sign shown on the Site Plan located on the Seller Commercial Parcel. (F) The Owner of the Seller Commercial Parcel or the Owner of the Seller Adjacent Parcel may construct, at no cost or expense to the Owner of the Lowe's Parcel, the Monument Sign shown on the Site Plan at the intersection of Tschache Road and the Private Road (the "Tschache Monument Sign") and which shall be located as shown on the Site Plan and which shall be erected or used for the advertising of multiple Owners,tenants or occupants of Lot 2,the Seller Commercial Parcel and the Seller Adjacent Parcel. The Owners of Lot 2, the Seller Commercial Parcel and the Seller Adjacent Parcel shall be entitled to no more than a combined total of six (6) sign panels on the Tschache Monument Sign. A National or Regional Tenant's sign panels shall be of colors, design and content as required by such National or Regional 00 o e (►�,a Tenant. NON (G) The cost'of constructing the Tschache Monument Sign shall be prorated in a Nis.,� accordance with the number of occupants having panels thereon. The Owners placing a sign a; g panel on the Tschache Monument Sign shall each pay their pro rata shares of the cost of g construction, maintenance and operation of the Tschache Monument Sign to the Owner of the 1< Seller Commercial Parcel or the Owner of the Seller Adjacent Parcel, whichever Owner g constructs the Tschache Monument Sign and maintains and operates such, commencing at the time of its installation of a panel on the Tschache Monument Sign. Such pro rata share shall be calculated by dividing the square footage of the Owner's sign panel as the numerator by the total combined square footage of all of the sign panels on the Tschache Monument Sign as the = T denominator. The Owners having a sign panel on the Tschache Monument Sign shall maintain their sign panels in good condition. • 30 ECOUsV 1 O.DOC IIIII I�II�IIII�(IIIII IIIII III III�III�III�����IIO IIII 22@72so 3 iq Shelley Vano"allatln Cc MT MISC 392.00 Center Sign. Lowe's Sign Panels shall be of colors, design and content as required by the Owner of the Lowe's Parcel's own visual sign standards. (B) The cost of constructing the Center Sign shall be prorated in accordance with the number of occupants having panels thereon. The Owner of Lot 2, the Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel shall pay their pro rata shares of the cost of construction, maintenance and operation of the Center Sign the obligation of which shall commence upon its installation of a panel on the Center Sign. Such pro rats share shall be calculated by dividing the square footage of the Lot 2, or the Seller Commercial Parcel or the Seller Adjacent Parcel sign panel as the numerator by the total combined square footage of all of the sign panels on the Center Sign as the denominator. The Owner of the Lowe's Parcel, the Owner of Lot 2, the Owner of Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel shall each maintain their sign panels on the Center Pylon in good condition. (C) With respect to monument signs shown on the Site Plan("Monument Signs"),the Owner of the Lowe's Parcel shall construct the Monument Sign shown on the Site Plan at the intersection of Baxter Road and the Private Road (the "Lowe's Monument Sign") and which shall be located as shown on the Site Plan and which shall be erected or used for the advertising n of multiple Owners, tenants or occupants of the Lowe's Parcel, Lot 2, the Seller Commercial �«m Parcel and the Seller Adjacent Parcel, the Owner of the Lowe's Parcel shall be entitled to have 49 OO lV N g m and maintain a sign panel thereon in the top and most prominent position on both sides of the Nd� g Lowe's Monument Sign. The Owners of Lot 2, the Seller Commercial Parcel and the Seller of p g Adjacent Parcel shall be entitled to no more than a combined total of six (6) sign panels beneath the Lowe's sign panel. No other sign panel on the Lowe's Monument Sign shall be of a size or have dimensions which are greater than seventy-five percent(75%)of the size and dimensions of a Lowe's sign panel on such Monument Sign. Lowe's sign panels shall be of colors, design and 4 content as required by the Owner of the Lowe's Parcel's own visual sign standards. A National or Regional Tenant's sign panels shall be of colors, design and content as required by such National or Regional Tenant. (D) The cost of constructing the Lowe's Monument Sign shall be prorated in accordance with the number of occupants having panels thereon. The Owners placing a sign • panel on the Lowe's Monument Sign shall each pay their pro rata shares of the cost of 29 ECCfVsV 10.DOC i ~ 2207231 iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII + Papa: So of 56 IIII III'll�IIII IIII 10l27/202005 11:07A Shallay Vance-Gallatin Cc MT MISC 892.00 • acknowledging however that the Owner of the Lowe's Parcel may construct improvements similar to its current prototypical store building and improvements. Specifically, the initial design and appearance of the Buildings and Improvements on the Lowe's Parcel and any changes to the Buildings and Improvements on the Lowe's Parcel that the Owner of the Lowe's Parcel may deem appropriate for consistency with changes in the design and appearance of its then current prototypical stores do not require the consent of any other Owner. All Buildings within the Shopping Center shall be single story. A bona fide National or Retail Tenant is permitted to construct its standard,prototypical building subject to the restrictions in these ECC&Rs. For the purposes hereof, a "National or Regional Tenant" means a tenant which (i) operates in at least two (2) states under the same name, or (ii) operates ten (10) or more stores in one (1) of more states under the same name. (B) Construction Timing. Weather permitting, all paving and landscaping will be finished upon completion of the Building in the Shopping Center and the Seller Commercial Parcel, but in no event shall it be installed later than ninety (90) days after the Building is occupied. Subject to force majeure, total construction time from pouring footings to the $5 completion of the Building within the Shopping Center and the Seller Commercial Parcel ready • �O for occupancy shall not exceed one(1)year. CO— Section 4.3 Pylon or Monument Signage for the Shopping Center: N (A) With respect to any Shopping Center the Center Sign in the location depicted on Nn'� the Site Plan(the"Center Sign") which shall be erected or used for the advertising of the Owner, tenants or occupants of the Lowe's Parcel, Lot 2, the Seller Commercial Parcel and the Seller g Adjacent Parcel, the Owner of the Lowe's Parcel shall be entitled to have and maintain a sign panel thereon in the top and most prominent position on both sides. of each such Center Sign a� 3 ("Lowe's Sign Panels)"). The Owner of Lot 2, the Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel shall be entitled to a total combined between such Owners four (4) sign panels beneath the Lowe's Sign Panel. For clarification purposes, there C g shall be no greater than a total of four(4) sign panels beneath the Lowe's Sign Panel. No other sign panel on any such Center Sign shall be of a size or have dimensions which are greater than seventy-five percent (75%) of the size and dimensions of a Lowe's Sign Panel on the same 28 ECCR'sV 10.D0C {IIIIII(IIII II�II IIIIII I�HI III IN�II�I III�����II II I��I 22 29 of SS 0723 iq • Shelley Vance-Gallatin Co MT MISC 392.00 . than fifteen (15.0) paved full size automobile parking spaces per each 1,000 square feet of building floor area for restaurant use(including fast food restaurant use) and five(5.0)paved full size automobile parking spaces for each 1,000 square feet of building floor area for any other permitted use constructed thereon, or(ii) the maximum amount of parking spaces allowed by the City of Bozeman. To be self-supporting,the parking spaces must be located on each such Parcel so that parking spaces available on other Parcels or available through easements with other Parcels cannot be counted in meeting the requirements of this Section. (C) Fire Protection: All improvements within the Project shall be constructed in compliance with all applicable federal, state, and local building codes and particularly all improvements within sixty(60) feet of the Building on the Lowe's Parcel shall be sprinklered for fire protection or a fire wall built such that the sprinklered rate for such Buildings will be preserved. There shall be sixty(60) feet of open space on which no buildings or improvements may be constructed around the Building on the Lowe's Parcel such that the Building on the Lowe's Parcel maintains an unlimited area classification for fire protection purposes. Notwithstanding anything else to the contrary in these ECC&Rs, no Owner in the Project'shall seek a buildingpermit for a Building within six 60 feet of the Permissible Building Area on et;� P g sixty ( ) g o n the Lowe's Parcel without the prior written consent of the Owner of the Lowe's Parcel,which the dam m Owner of the Lowe's Parcel may withhold in its sole discretion. Each Owner agrees to execute Na any separate legal instrument memorializing this sixty (60) foot side yard or no build area reasonably required by any governmental entity. ENORMOUS (D) Condition Prior to Construction: After the Building on the Lowe's Parcel has initially opened for business, each Parcel in the Project shall be kept neat, orderly, and if graded planted in grass and trimmed(or otherwise treated for dust and weed control)until improved and constructed. Section 4.2 Building Design for the ShoppingCenter: (A) Harmony. All structures (including Common Area Improvements such as lighting) erected within the Shopping Center shall be architecturally harmonious (including, 6 without limitation, harmonious colors, materials and designs). The Owner of the Lowe's Parcel and the Owner of Lot 2 shall cooperate in creating a reasonably harmonious exterior appearance for the Buildings and Improvements to be constructed by them within the Shopping Center, 27 ECCR'sV 10.130C IIIIII IIIII IIIII IIIIII III II III IIIIIIii����IIIIII II I itI 22O7 Z31 1D40 of 56 0,27, 08 11.07p Shelley Vance-Gallatin Cc MT MIBC 392.00 • prohibit uses in violation of such exclusives if such uses were begun during such time as the above exclusive use restrictions were of no force and/or effect. Section 3.5 ProprietalyRights of Lowe's: Any owner, occupant or person owning, leasing or otherwise making use of any portion of the Project shall be deemed, by virtue of accepting such ownership, leasehold interest or making such use, to have covenanted and agreed that (i) the trade names, trademarks, service marks (including, without limitation, all logos, emblems, designs or designating words or names) utilized by Lowe's HIW, Inc. or its affiliated companies ("Lowe's"), in connection with the Shopping Center and the Project or the conduct of its business thereat are registered and/or the proprietary property of Lowe's or its affiliates, (ii) except as provided below, no usage of those marks or names will be made in naming or referring to any activity within or without the Shopping Center or Project and (iii) no usage of such marks or names shall be made without the prior written consent of Lowe's and Lowe's legal counsel, which consent Lowe's may withhold in its sole discretion. Lowe's reserves the right to require any person or entity to whom it may grant a written right to use a given name or mark to enter into a formal written license agreement with Lowe's and to charge a fee or royalty therefor. W N ARTICLE IV 00 o n GENERAL CONSTRUCTION &DEVELOPMENT r-m Section 4.1 Development Parameters for the Shopping Center and the Project: Not Nd (A) Permissible Building_Areas: All Buildings within the Shopping Center must be constructed within a Permissible Building Area. No Building within the Shopping Center can exceed the Maximum Square Footage shown for each Permissible Building Area on the Site g Plan. Within the Shopping Center, no building, structure or improvements (other than Common Area Improvements) shall be erected or maintained outside of a Permissible Building Area The Permissible Building Areas and Maximum Square Footages as shown on the Site Plan cannot be o changed without the prior written consent of the Owner of the Lowe's Parcel and the Owner of Lot 2, which may be withheld in their sole discretion, and which changes shall be reflected in an amendment to these ECC&Rs. (B) Parking Requirements. Each parcel within the Seller Commercial Parcel and Lot 2 shall be self-supporting with respect to parking and shall each contain the lesser of(i) not less 26 ECCRW10.130C ill(II IIIII(IIII llllll IIIII Ill IIIIIIiI Ill i����ii II IIII 2207231 q • Shelley Vane"allatln Co MT MISC 392.U. . Frye's Electronics as they are operated and merchandised as of the Effective Date of these ECC&Rs. (iii) A nursery and/or lawn and garden store or center containing more than 3,000 square feet of floor area(including any outdoor areas). (iv) A paint store or center, wall paper store or center, tile store or center, flooring store or center, or carpeting store or center, containing more than 4,000 square feet of floor area for each separate use described in this Section 3.4(A)(iv). (v) A retail and/or warehouse home improvement center, lumber yard, building materials supply center, home improvement service center and/or other stores or centers similar to those operated by or as Lowe's, Home Depot, Home Depot Expo, Villagers Hardware, 84 Lumber, Wickes, Hughes Lumber, McCoys; Menard's, Sears Hardware, Great Indoors, Sutherlands, Scotty's and Orchard Supply. However, this Section 3.4(A)(v)shall not prohibit the operation within the Project of businesses named Dillards, Gottschalk's, JC Penneys; Kohl's; May Department Store; Lord & Taylor; Foley's; Bon-Macy's; Bon-Macy's Furniture; Macy's; Saks; Herbergers; Off 5`l'; Proffitt's; Yonkers; Nordstroms; Target; Mervyns and Marshall Fields as they are currently operated and merchandised as of the Effective Date. The businesses named in the foregoing sentence shall still be subject to the restrictions set forth in Section 3.4(A) and n.;: Section 3.4(B). (B) . These restrictions or exclusive rights shall also apply to prohibit a larger business N e m having space in its store devoted to selling the merchandise described in subparagraphs (A)(i) Nd� S through(A)(v)when such space exceeds the limitations of subparagraphs(A)(i)through(A)(v). (C) Notwithstanding anything to the contrary in Section 3.5, in the event a retail and/or warehouse home improvement center, lumber yard, building materials supply center, communion hardware store, lawn and garden store, appliance, and/or lighting store, and/or paint, wall paper, 3 tile, flooring, carpeting and/or decor store or center is not operated in any portion of the Lowe's Parcel for a period in excess of three (3) consecutive years (excluding temporary closings due to alterations, casualty, condemnation, or other unavoidable delays beyond the reasonable control of the Owner of the Lowe's Parcel), the above stated exclusives shall be of no further force and/or effect until such time as Lowe's or its successors, assigns or tenants shall re-open a store on any. a • portion of the Lowe's Parcel for any one of the foregoing uses, which reopening shall not 25 ECCR'sV 1 O.DOC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��I ZZ07231A Shaliay Vance-Gallatin Cc MT MISC 392.00 (ii) A massage parlor. (iii) A skating rink. (iv) A mortuary, crematorium or funeral home. (v) A mobile home or trailer court,labor camp,junkyard or stockyard. (vi) A land fill, garbage dump or other such facility for the dumping, disposing, incineration or reduction of garbage. (vii) A telephone call center on Lot 2, provided, however, the foregoing shall not be prohibited on the Seller Commercial Parcel and the Seller Adjacent Parcel. (viii) A casino, gambling establishment or betting parlor except as part of the operation of restaurant permitted herein, provided, however, that the total floor area of such restaurant used for gambling shall not exceed thirty (30) percent of the total floor area of the restaurant. (ix) Veterinary hospital or animal raising or keeping facilities except as part of a bona fide national or regional chain pet or pet supply store having at least ten (10) locations under the same name within one(1)or more states. (x) Assembling, manufacturing, industrial, distilling, refining or smelting Mrn facility, provided, however, light assembling and light industrial facilities shall be permitted on O the Seller Commercial Parcel and the Seller Adjacent Parcel. W N N Section 3.4 Exclusive Use Restriction for the Benefit of the Lowe's Parcel: N EL (A) No portion of the Project other than the Lowe's Parcel may be used for the a; following purposes: (i) A hardware store or center containing more than 5,000 square feet of floor area. S (ii) An appliance and/or lighting store or center containing more than 5,000 S 1z square feet of floor area, provided, however, the foregoing shall not prohibit the operation of a O o home electronics store such as a Best Buy, Circuit City, and Frye's Electronics. However, such aaaaaa� o home electronics stores shall be subject to the restrictions set forth in Section 3.4(A) through Section 3.4(B). Notwithstanding anything to the contrary contained herein, the square footage m limitations contained in this Section 3.4(A)(ii) shall not apply to Best Buy, Circuit City and • 24 ECCR'sV I O.DOC 2207231 III IIIIIIII�IIIIIIIIIII�IIIIIIIIIIIIIIIIIIII��IIIII�II Page: 1 6 0/27/20061 :07A I • Shelley Vanoa-Callatln Co MT MISC 392.00 permitted business for training or classes, such as"how to"classes taught in conjunction with the sale of retail items from an otherwise permitted retail use). (viii) A child day care facility. (ix) A car wash, except on an Outparcel and where the same shall have constructed and shall use sanitary sewer, water and storm water drainage lines entirely separate from those utilized by the Lowe's Parcel. (x) A medical clinic or medical office, provided, however, the foregoing shall be permitted on the Seller Commercial Parcel. (xi) A storage or mini-warehouse facility. (xii) An establishment for the sale of automobiles, trucks, mobile homes, boats or recreational motor vehicles (provided that such restriction shall not prohibit the lease of vehicles or equipment from the Lowe's Parcel). (xiii) A dry cleaning plant, central laundry or laundromat,provided,however the foregoing shall not prohibit pickup laundry services or pick up dry cleaning with no washing or n dry cleaning done on site shall be permitted. n (xiv) A hotel or motel, provided, however, the foregoing shall be permitted on F- Wetthe Seller Commercial Parcel. Nqa N a= (xv) Governmental offices, provided, however, the foregoing shall be permitted m on the Seller Commercial Parcel. (B) During the term of these ECC&Rs no portion of the Project may at any time be used for any of the following uses whatsoever: (i) An adult type bookstore or other establishment selling, renting, displaying U' O or exhibiting pornographic or obscene materials (including without limitation: magazines,books, movies, videos, photographs or so called "sexual toys") or providing adult type entertainment or activities (including, without limitation, any displays or activities of a variety involving, exhibiting or depicting sexual themes, nudity or lewd acts) provided, however, that such prohibition shall not prohibit the sale of adult materials in compliance with applicable laws and as an incidental part of a bona fide national or regional chain video store, such as Blockbuster or Hollywood Video, or a bona fide national or regional chain general interest bookstore, such as • Barnes&Noble or Borders. 23 ECCR'sV)O.DOC s � IIIIIIIllllIIIIIIIIIIIIIIIIIIIIIIlllllIIJ`i�ii�lIIIIIJ 2207, ip Shelley Venom-Gallatin Co MT MISC 392.00 retail merchandise normally carried in other shopping centers and restaurants with less than forty (40%) percent of gross revenues from alcoholic beverage sales, all as subject to the further restrictions of this Article III. "Retail Offices" shall mean offices of the type customarily found in retail shopping centers for use primarily with customers or clients including, without limitation, insurance offices, real estate offices, banks and financial institutions, and travel agents, but shall not include educational or training facilities or medical or dental offices. No Retail Office use shall exceed 7,500 square feet and the total of all Retail Office use in the Shopping Center shall not exceed 8,000 square feet. Section 3.3 Use Restrictions for the Showing Center and the Seller Commercial Parcel: (A) During the term of these ECC&Rs no portion of the Shopping Center and the Seller Commercial Parcel may be used for any of the following purposes without the prior written consent of the Consenting Owners which consent may be withheld in the sole discretion of a Consenting Owner: (i) A liquor store, or a tavern, bar, nightclub, cocktail lounge, discotheque, dance hall, or any other establishment selling alcoholic beverages for on-premises consumption; N s IW O-� provided,however,the foregoing shall not prohibit the operation of a restaurant where the sale of CO 6 r m m alcoholic beverages therein comprises less than forty (40%) percent of the restaurant's gross 6) N revenues. No'= (ii) A bowling alley, billiards parlor, bingo parlor, arcade or other amusement center. g (iii) A theater(motion picture or live performance). (iv) A health club, gymnasium or spa, provided, however, the foregoing shall �. o not prohibit a health club, gymnasium or spa containing less than 20,000 square feet of floor area on the Seller Commercial Parcel. m . o (v) A service station,automotive repair shop or truck stop. (vi) A flea market,open air market,tent sale or pawn shop. t (vii) A training or educational facility (including, without limitation, a school, m college, reading room or other facility catering primarily to students and trainees rather than customers; provided that such restriction shall not prohibit the incidental use of an otherwise • 22 ECCR'sV IO.DOC 5 I�Iili IIII�IIIII IIIIII IIIII III�IHI�II III II�I�II��I�(� 2203 of 66 Shallay Vance-Gallatin Cc MT MISC 392.00 cost and expense, shall promptly repair, replace or restore any and all improvements of Grantor which have been damaged or destroyed in the exercise by Grantee of the temporary construction easements granted under this Section 2.3(D) and shall defend, indemnify and hold Grantor harmless from and against all liens, losses, liabilities, costs or expenses (including reasonable attorneys' fees and excluding punitive damages) incurred in connection with or arising out of Grantee's exercise of said temporary construction easements, except to the extent occasioned by Grantor's grossly negligent or intentional wrongful acts or omissions. (vi) Grantee's Improvements made within such temporary construction easements shall, for purposes of cost allocation due to maintenance, operation, insurance, taxes, repairs, reconstruction and restoration under these ECC&Rs, be deemed to be part of the Grantee's Parcel and Building and shall be deemed not to be part of the Grantor's Parcel or Building for such purposes in the Project. (vii) Except as reasonably necessary for and during the construction of any W V b.n Building, no structure of a temporary character shall be erected or allowed to remain on any a Parcel. 19 N n a (E) Sign Easement. The Owner of the Lowe's Parcel hereby grants to the Owner of Lot 2, the Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel as �. provided in Section 4.3 of these ECC&Rs an easement to display a total of four (4) sign panels m on the Center Sign, an easement for maintenance, repair and replacement of such sign panels. Section 2.3(E) shall not be construed to mean that each of the above Owners shall be entitled to aa>_ c 8 display four(4) sign panels each. For clarification purposes, there may be only a combined total of four(4)panels beneath the Lowe's sign panel. r= ARTICLE III ■� > USE RESTRICTIONS Section 3.1 Nuisances: � t No Parcel in the Project shall be used for anything other than purposes which may be permitted by applicable zoning regulations. Nothing shall be done on any Parcel in the Project which is a public nuisance to the community. Section 3.2 Permitted Uses for the Shopping Center: Each Parcel in the Shopping Center • shall be used only for financial institutions, service shops, Retail Offices, retail stores selling 21 ECCR'sV I0.DOC I��IIII II�II II�I��IIIII IIIII I�I IIIIIIII III IIIIIII II t11207231 II 10A Shelley Vance-Gallatin Cc MT MISC 392.00 seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. (iii) The location and use of all temporary construction easements under this Section 2.3(D) shall be subject to the prior written consent of Grantor,which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten(10)days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof,such Owner is deemed to have consented. (iv) Each Grantee agrees to pay the Grantor any additional cost of construction, maintenance, repair and replacement of any improvement or structure constructed by Grantor LO which may arise on account of or due to Grantee's exercise of its temporary construction 00-6' 00 0. easement rights under this Section 2.3(D). Each Grantee further agrees to use due care in the r-a IMN exercise of the rights granted under this Section 2.3(D) and, in the event the exercise of the rights Nva N d granted under this Section 2.3(D) requires Grantee to enter upon the Parcel of Grantor, to first obtain the consent of Grantor as to the specific activities, methods and timing in the exercise of such rights so as to avoid cost or damage to Grantor. to (v) Each Owner in the Project covenants and agrees, respectively, that its exercise of such easements shall not result in damage or injury to the Building(s) or other v Improvements of any other Owner, and shall not interfere with or interrupt the business operations conducted by any other Owner. Furthermore, once the final topcoat of asphalt or g02 concrete paving has been placed on the Lowe's Parcel or any Common Area access, egress and service drives to the Lowe's Parcel, all construction traffic to or from Lot 2 shall be limited to the westernmost Access Road from Tschache Lane to the Shopping Center and otherwise not upon the Lowe's Parcel and all construction traffic to or from the Seller Commercial Parcel and the Seller Adjacent Parcel shall be limited to entrances on Baxter Lane and the Private Road (and shall use no portion of the Lowe's Parcel for such traffic). In addition, each Grantee, at its sole 20 • EMUsV 1 O.DOC III IIIIII IIIIIIIII �°'fII IIIIII IIII�IIII�IIIIII IIII�III�IIIIIII 111 I�III�I'I I�II 2207231 Page: 0of BB 027/2 s 11.07 R Shallay Vance-Gallatin Cc MT MISC 392.00 requirements of the City of Bozeman and consented to by the Consenting Owners which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. Such drainage shall not cause water to settle or pool within another Owner's Parcel. The Owner of the Lowe's Parcel grants the Owner of Lot 2 an easement to connect the stormwater drainage facilities of Lot 2 with the stormwater drainage facilities of the Lowe's Parcel in a location and manner consented to by the Owner of the Lowe's Parcel which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of �N the requesting Owner. If such Owner does not respond to the second notice within ten(10)days mom of receipt thereof,such Owner is deemed to have consented. (D) Construction Easements: N.a a (i) Each Owner in the Shopping Center hereby grants to the other Owners in a ai the Shopping Center temporary construction related easements in the Common Area of its (Grantor's) Parcel, and where appropriate and necessary in the Permissible Building Area on its (Grantor's) Parcel, but only prior to and without delaying the commencement of construction by 0 Grantor of Improvements on its own (Grantor's ) Parcel, for the purpose of facilitating the initial construction of the Grantee Improvements contemplated within these ECC&Rs. C n (ii) With respect to any Parcels in the Project on which dirt is dumped, the g area shall be sloped to meet any contiguous property within the Project or any public roads, and .� shall be smoothed in a level manner consistent with the contours of the adjoining property or in a accordance with a grading plan consented to by the affected Owner, which approval shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty(30) day period, the Owner • 19 ECMV 1 O.DOC 2207231 IIII III(IIII IIIIII IIIII III II�II�II III II�IIII'I del P0/27/2006r 1B807R III � ShallaY Vance-Oallatln,Cc MT MISC 392.00 consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have approved the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have approved.; and, (6) notwithstanding anything to the contrary in these ECC&Rs, shall not disrupt the business on the Lowe's Parcel, which includes, but is not limited to, (i) blocking access or ingress and egress to the Lowe's Parcel, or(ii)causing any disruption of or cessation to the utilities services to the Lowe's Parcel (however, temporary interferences with and diminutions in utility services shall be permitted if they occur during the non-business hours of Lowe's, and such Owner in the Project notifies the Owner of the Lowe's Parcel at least thirty (30) days prior to doing so and coordinates with the manager of the store on the Lowe's Parcel for a reasonably convenient time and duration for such temporary interference or diminution to avoid any adverse effect to the business on the Lowe's Parcel.) (C) Drainage: Each Owner in the Shopping Center hereby grants to the other Owners Wt-V in the Shopping Center easements to use, maintain and repair any storm water drainage system 00 o m (the "Storm Drainage System") now or hereafter located on their Parcels, together with the right e gpN to discharge surface water runoff across portions of any Parcel in accordance with the design of Nd the Storm Drainage System; provided, however, that use, maintenance and repair of any Utility a Facilities for the Storm Drainage System shall comply with Section 2.2(A) and Section 2.2(B). All Storm Drainage Systems shall be subject to the prior written consent of the Owner of the Lowe's Parcel and the Owner of Lot 2, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. Any alteration in the natural water flow which may occur as a natural consequence of normal construction activities and the existence of an Owner's Improvements (including, without limitation, Buildings, curbs, drives and paving) shall be permitted, provided that the same is in accordance with a drainage plan consistent with the • 18 ECCR'sV 1 OAOC IIIIII IIIII IIIII IIIIII(IIII III IIIIIIII III IIII'III IIII Page: Isof Se • Sheller Vanoe-Gallatin Co MT MISC 392.00 (iv) Indemnification: The Grantee shall defend, indemnify and hold Grantor harmless from and against any and all liens, losses, liabilities, costs or expenses (including reasonable attorney's fees and excluding punitive damages), incurred in connection with Grantee's use of the Utility Facilities easements under this Section 2.3(B), except to the extent occasioned by Grantor's grossly negligent or intentional wrongful act or omission to act. (v) Grantee's Rights as to Utility Facilities: (a) Use of Separate Utility Facilities: The Grantor of any easement for Separate Utility Facilities under this Section 2.3 may use the utility facilities installed pursuant to such easement; provided, however, that any increase in costs incurred in order to make such utility facilities adequate to serve Grantor's additional use shall be borne by such Grantor; and provided, further, that Grantor gives written notice within the time period called for under, and otherwise complies with,the requirements of Section 2.3(B)(v)(b). (b) Relocation of Utility Facilities on Grantor's Parcel: The Grantor of any easement under this Section 2.3 may relocate on its Parcel any Separate Utility Facilities or Utility Facilities installed thereon under any easement granted by it;provided,however,that such a r relocation: a (1) may be performed only after Grantor has given Grantee thirty (30) �NN N o a days' written notice of its intention to relocate such facilities; N (2) shall not interfere with or diminish the utility services to the Grantee a SM (however, temporary interferences with and diminutions in utility services shall be permitted if they occur during the non-business hours of the Grantee, and Grantee has been notified at least U = thirty(30)days prior to such temporary interference with or diminution in utility services); (3) shall not reduce or unreasonably impair the usefulness or function of the facilities in question; (4) shall be located underground,if reasonably possible; ff ff (5) shall be performed without cost or expense to Grantee, and, if Utility Facilities or Separate Utility Facilities which provide service to the Grantee are involved, in accordance with plans approved by the Grantee which approval shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which approval • is sought does not respond within the foregoing thirty (30) day period, the Owner seeking 17 ECCR'sV IO.DOC A7231 MI 11 IN P1012712:05f 151:07A ail IIIII IIIII llllll IIIII II Shelley Vance-Gallatin Cc MT MISC 392.00 (a) The easement is non-exclusive; (b) All Utility Facilities installed pursuant to the easement shall be underground, except for manholes and manhole covers which shall be flush with adjacent grade, and except as otherwise shown on plans subject to the prior written consent of Grantor, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30)days. If such Owner from which consent is sought does not respond within the foregoing thirty(30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten (10)days of receipt thereof, such Owner is deemed to have consented; (c) The right to use the surface areas for the purposes allowed under these ECC&Rs is reserved; (d) Grantor reserves the right to require Grantee to relocate its facilities (and vacate the easement)to another location on Grantor's Parcel, subject to the conveyance of a similar easement, all at Grantor's cost and expense; �p r N (e) Grantee shall not, in its use or installation, interfere with other a0 o m installations and easements in the area; 4D'- (f) Grantee shall protect its Utility Facilities against uses of the surface Nom N d made by Grantor and others; (g) Grantee shall make adequate provisions for the safety and convenience of all persons using the area; (h) Grantee, following installation or other work, shall replace and restore the areas and improvements to the condition in which they were immediately prior to performance of such installation and work; (i) Grantee shall defend, indemnify and hold harmless Grantor against all g loss, liability, and costs (including reasonable attorney's fees and excluding punitive damages) .� except that which may result from Grantor's grossly negligent or intentional wrongful act or r omission of Grantor, its agents,employees and contractors; and (j) Grantee shall not pent it any claim, lien or encumbrance to attach against Grantor's Parcel or any interest therein. 16 ECCR'sV 10MOC I IIIIII IIIII IIIII IIIIII IIIII III IIIlilll III IIIIII III zz�'?3 i I q • Shelley Vance-Gallatin Cc MT MISC 392.00 (d) Any installation, maintenance, repair, replacement, relocation and removal of Utility Facilities shall be performed by Grantee only after thirty (30) days advance notice to Grantor of Grantee's intention to do such work. However, in the case of an emergency (whereby either persons or property are in immediate danger of substantial damage and/or harm), any such work may be immediately performed after giving such advance notice to Grantor as is practicable and reasonable under the circumstances. (e) All installation, maintenance, repair and removal of Utility Facilities shall be performed in a manner that causes as little disturbance to Grantor as may be practicable under the circumstances and any and all portions of the surface area of.Grantor's Parcel which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of Grantee, to essentially the same condition as existed prior to the commencement of any such work. (f) After the Building on the Lowe's Parcel has opened for business, notwithstanding anything to the contrary in these ECC&Rs, no Owner in the Project, except the W Owner of the Lowe's Parcel, shall do any installation, repair, replacement or removal of any 0 m Utility Facilities in the Project that will disrupt the business on the Lowe's Parcel which tY J P Na includes, but is not limited to, (i) blocking access and ingress and egress to the Lowe's Parcel, and (ii) causing any disruption to or cessation of any utility services to the Lowe's Parcel m (however, temporary interferences with and diminutions in utility services shall be permitted if g they occur during the non-business hours of Lowe's, and such Owner in the Project notifies the Owner of the Lowe's Parcel at least thirty (30) days prior to doing so and coordinates with the o manager of the store on the Lowe's Parcel for a reasonably convenient time and duration for such temporary interference or diminution to avoid any adverse effect to the business on the Lowe's Parcel.) (iii) Easements to Public Utilities. Any grant or other conveyance of an easement to a public utility, as Grantee, by a Grantor in the Shopping Center on its Parcel shall, without necessity of further recital in the conveyancing instrument, be deemed to include the following conditions, covenants and restrictions, in addition to the other provisions of Section 2.3(B), to which such public utility and its successors shall be bound unless specifically stated otherwise in such instrument. 15 ECCRW 10.DOC I II II I I I� IIIII �IIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIIIIi�l 220s of 56 Shelley Vanae-Oallatln Cc MT MISC 392.00 (i) Grant of Easement: Each Owner in the Project hereby grants to the other Owner(s) in the Project perpetual easements to its (Grantor's) Parcel, except within an Owner's Permissible Building Area, for the installation, use, operation, maintenance, repair, replacement, relocation and removal of Common Utility Facilities and Separate Utility Facilities serving the Parcel of the Grantee. Such easements shall be located to minimize disruption of the Grantor's parking and other improvements on the Grantor's Parcel. (ii) Installation,Repair and Maintenance: (a) All Separate Utility Facilities installed, whether installed under this Section 2.3(B) or otherwise, and all Utility Facilities, shall be underground, if reasonably possible. (b) The location of the Utility Facilities shall be subject to the prior written consent of the Owner across whose Parcel the same are to be located, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty(30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten(10) days, such Owner will be deemed to have consented to the request(s) dD N ga of the requesting Owner. If such Owner does not respond to the second notice within ten (10) N a' days of receipt thereof, such Owner is deemed to have consented. (c) Except as otherwise provided herein, the Grantee of any easement for Separate Utility Facilities under this Section shall be responsible, as between such Grantee and the Grantor, for the installation,maintenance,repair and removal at Grantee's cost of all Separate S Utility Facilities installed by the Grantee pursuant to this grant of easement, as well as for all Separate Utility Facilities installed by-the Grantee on its own Parcel. The Grantee of any easement for Utility Facilities shall be responsible for the installation, maintenance, repair and > removal at Grantee's cost of all Utility Facilities installed by the Grantee pursuant to this grant of easement; Grantee may or may not .be reimbursed by the Owners pursuant to a separate agreement,however nothing in this Agreement shall obligate the Owner of a Parcel to pay for the costs of installing, maintaining, repairing or removing Utility Facilities on its Parcel (other than relocation at Grantor's request pursuant to Section 2.3(B)(v)). 14 ECCR'sV 1 O.DOC 0 07231 ����IIIIII II IIIII IIIIII IIIII III IIIIIIII III IIIIII III IIII 10D r 271200S 18B07R Shelley vane-Gallatin Co MT M1SC 392.00 extent necessary for reasonable repair and maintenance, traffic regulation and control, and to prevent a dedication thereof or the accrual of any prescriptive rights to any person therein. After the initial construction of the Access Roads, the location, road improvements, configuration or design of the Access Roads shall not be changed by the Owner of the Lowe's Parcel without the prior written consent of the Owner of Lot 2 which shall be in its sole discretion. (v) General Provisions for Common Area Easements: (a) No barriers, fences, walls, grade changes or other obstructions shall be erected so as to impede or interfere in any way with the free flow of vehicular and pedestrian traffic between those portions of the Shopping Center from time to time devoted to pedestrian access, vehicular roadways or parking area, or in any manner unreasonably restrict or interfere with the use and enjoyment by any of the Owners in the Shopping Center of the rights and easements created by this Article H. In addition, each Owner in the Shopping Center may temporarily close or block traffic on its Parcel for the time necessary for the purpose of protecting ownership rights and preventing creation of easements to the public and unrelated third parties (provided, however, that prior to closing off any portion of the Common Area, as herein provided, such Owner shall give fifteen(15) days written notice to each other Owner of its a0 o m 0-n intention to do so and shall attempt to coordinate such closing with each other Owner in the N v a Shopping Center, so that no unreasonable interference in the passage of pedestrians or vehicles Mr shall occur), and may temporarily fence off portions of its Parcel as reasonably required for the purpose of repair, construction and reconstruction. a (b) The easements granted under this Section 2.3(A) are limited to such portions of the Common Area of the Grantor's Parcel as are now or hereafter from time to time awe O set aside or intended to be set aside, maintained and authorized for such use under these ECC&Rs, specifically including those portions of the Common Area shown on the Site Plan. d S (c) Each Owner in the Shopping Center hereby reserves the right to eject ' from the Common Area on its Parcel any person not authorized to use the same. � T i (d) The easements provided for in this Section 2.3(A) are subject to the rights to use and the restrictions on use of the Common Area provided for in these ECC&Rs. (B) Easements for Utility Facilities: 13 ECCR'sV 10.Doc 0 Illlliililllllllllllllllllillilliiilllllillllp220'?31 II1 7 A Shelley Vance-Gallatin Cc MT MISC 392.00 (a) The Owner of the Lowe's Parcel may conduct parking lot sales, conduct other business and/or display merchandise in that portion of the Common Area (including the parking field) to the side of or in front of any Building on the Lowe's Parcel so long as such activity does not materially interfere with ingress and egress to the rest of the Shopping Center and is not in violation of any applicable law or ordinance. (b) The Owner of the Lowe's Parcel shall have the right, but not the obligation, to install and maintain a bank teller machine or similar kiosk type structure(s) within and on the exterior of the Building on the Lowe's Parcel. (c) The Owner of the Lowe's Parcel may display merchandise, conduct sidewalk sales and/or conduct other business on the sidewalks on the Lowe's Parcel and may otherwise enclose and/or redesign its sidewalk areas without the need of obtaining any other Owner's consent. Cc LO n (d) The Owner of the Lowe's Parcel may.park vehicles or equipment in the parking field of the Lowe's Parcel in connection with the leasing of vehicles and/or N 9 equipment. Nd (iv) Easements for Access Roads: Each Owner in the Shopping Center hereby e� grants to the other Owner(s) in the Shopping Center easements for pedestrian and vehicular traffic in those drive aisles and access roads (not less than the widths therefor shown on the Site = Plan) on its (Grantor's) Parcel which are shown on the Site Plan as an "Access Road" g (hereinafter collectively referred to as the"Access Road(s)") for the purpose of providing ingress to and egress from the Grantee's and Grantor's Parcel and Tschache Lane, together with the following rights and subject to the following restrictions and reservations: OF (a) The use of the Access Road easements by any person entitled to the use thereof shall be in common with all other such persons. The Access Road easements and the land upon which they are located shall be considered in all respects part of the Common Area, and the improvements thereon shall be considered in all respects part of the Common Area Improvements; and (b) As further provided in Section 2.3(A)(vi) herein, Grantors of the Access Road easements agree not to obstruct or interfere in any way with the free flow of pedestrian and vehicular traffic over the roadways which comprise an Access Road, except to the 12 ECMV I O.DOC — I II II IIIIII II II ((--� II I illlll Illf)IIIII IIIIII I�III Ilf Ifl�l�ll Ilf I�flll III��If 2207231A • Shelley Vane-Gallatin Cc MT MISC 392.00 "City") and which easements would have been terminated hereby and replaced by these ECC&Rs if the Prior ECC&R Easements did not run to the benefit of the City. Therefore, the parties to these ECC&Rs irrevocably agree that, as between such parties and their respective heirs, successors and assigns as the Owners in the Project, they shall enjoy, obey, comply with, use, enforce, and respect these ECC&Rs and all rights, easements, covenants, conditions,restrictions, duties, obligations, interests and duties set forth herein in these ECC&Rs in lieu of the Prior ECC&Rs and the Prior ECC&R Easements. Section 2.3 Easements Granted With Respect to the Shopping?Center. The following easements apply to all or a portion-of the Shopping Center and in some instances some of the provisions in this Section 2.3, if specified, shall apply to both the Shopping Center and to the Project as a whole. (A) Easements for Use of Common Area. (i) Grant of Easement: Each Owner in the Shopping Center hereby grants to a the other Owner in the Shopping Center easements in the Common Area on its(Grantor's)Parcel for: m n (a) ingress to and egress from the Grantee's Parcel; (b) the passage of vehicles; Nn_ C (c) the passage and accommodation of pedestrians; and O A (d) the doing of such other things as are expressly authorized or required N to be done on the Common Area under these ECC&Rs. (ii) Design of the Common Areas: (a) Initial Development of the Common Areas: The Common Area M Improvements depicted on the Site Plan are hereby deemed approved by the Consenting Owners. n .. (b) Enjoyment and use of the Common Area easements granted by this Section 2.3(A) shall commence on the date the Common Area Improvements with respect to the t Common Area in question are substantially complete. (iii) Common Area Sales and Displays: Notwithstanding the grant of easements under Section 2.2(A), sales and displays may be located within the Common Area but only as follows: 11 ECCR'sV IO.DOC ^ J1111 IIiIII(II1IIIIIIIIIIIII1iI f1IIII`I ( 7Z07Z31 02 r88I VMS 107 A Shal Uv Vance-Gallatin Cc MT MISC 392.00 inspect, replace, repair, and install certain improvements required by the City of Bozeman to be located within the Open Space Easement Area ("Open Space Easement Improvements"). The Owner of the Lowe's Parcel shall not build or erect any structure or building(including, without limitation, any garage, shed, sign or paving) within that portion of the Seller Adjacent Parcel shown as the "Open Space Easement Area" on the Site Plan. The Owner of the Seller Adjacent Parcel agrees to execute any document reasonably required by any governmental entity pertaining to the Open Space Easement Area, provided that such does not result in any cost or expense to the Owner of the Seller Adjacent Parcel or any additional encumbrance to area other the Open Space Easement Area. (D) Private Access Drive No Change Area. No change to the location and or road improvements on the area depicted on the Site Plan as the "Private Access Drive No Change Area"shall be made without the consent of the Owner of the Lowe's Parcel and the Owner of the Seller Commercial Parcel which shall be in their sole discretion. However, the Owner of the Seller Commercial Parcel may make any curb cuts on the Private Access Drive No Change Area. Cr (E) The Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent coto Parcel hereby grant to the Owner of the Lowe's Parcel temporary construction related easements on their Parcels for the purpose of facilitating the initial construction of the Lowe's development No of its home improvement center. a (F) No Cross Parking: The Owners in the Project hereby specifically disclaim any � O W intention to create any reciprocal parking easements between the Lowe's Parcel and any other g Parcel in the Shopping Center(or in the Project). (G) Prior Easements, Covenants, Conditions and Restrictions. Certain Easements, Covenants, Conditions and Restrictions recorded in the office of Gallatin County Clerk and Recorder on February 9, 2004 as Document Number 2139990 ("Prior ECC&Rs") which were later partially terminated by that Partial Termination Of Easements, Covenants, Conditions and Restrictions recorded in the office of Gallatin County Clerk and Recorder on October?7 . 2005 aas Document Number 22o7 t gs The parties hereto acknowledge that the easements granted pursuant to these ECC&Rs are substantially similar to the easements granted in the Prior ECC&Rs, which certain easements, including, including, but not limited to, Article II (Easements) (the "Prior ECC&R Easements") run to the benefit of the City of Bozeman (the 10 ECUNV IO.DOC 0 • the Lowe's Parcel and the Owner of the Seller Adjacent Parcel shall use good faith efforts to mutually agree upon a maintenance company which shall maintain, operate, repair and replace the Stormwater Utilities and Detention Pond. Such maintenance company shall not charge more than ten (10) percent for any managerial or administrative expense. Upon the commencement by the agreed upon maintenance company of the maintenance, repair and replacement of the Stormwater Utilities Facilities and Detention Pond, the above specified Owner(s) shall each pay to the agreed upon maintenance company their respective Pro Rata Shares of the costs of such operation, maintenance, repair and replacement of the Stormwater Utilities Facilities and Detention Pond as set forth above. Any item of maintenance, repair or replacement in excess of $5,000 shall require the prior written consent of the above specified Owner(s) which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the a second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. 9~ Reimbursement will be due within thirty (30) days after receipt by an Owner of an invoice with Nva V a' copies of reasonable backup documentation(including paid invoices). a (iv) The location of the Stormwater Drainage Easement Area and the Detention Pond may not be changed and the Stormwater Utility Facilities therein may not be C = relocated or altered without the prior written consent of each of the Consenting Owners and the Owner of the Seller Adjacent Parcel which consent shall not be unreasonably withheld, U C = conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the requests) of the requesting Owner. If such Owner does not respond to the second notice within ten (10) days of receipt thereof, such Owner is deemed to have consented. (C) Open Space Easement Agreement. The Owner of the Seller Adjacent Parcel hereby grants to the Owner of the Lowe's Parcel an easement to construct, use, maintain, alter, 9 ECCR'sV 1 O.DOC IIIII)Illfl IIII�Illil)III�I Ili�I(IIIII III��IIII(II 2207231 12006 11:07A Sh�ll�y Vano�-S�llatln Co MT MISC 392.00 owner of the Seller Adjacent Parcel are maintaining the physical condition of the Detention Pond and of the other portions of the Storm Drainage Easement Area shall not render the Owner of the Lowe's Parcel or the Owner of the Seller Adjacent Parcel liable or responsible for any other Owner's SWPP Obligations. (ii) The Owner of the Seller Adjacent Parcel hereby grants to the Owner of the Lowe's Parcel an easement to construct, install, maintain, repair and replace the Stormwater Utilities Facilities and the Detention Pond. Initially, the Owner of the Lowe's Parcel shall maintain, repair and replace the Stormwater Utilities Facilities and Detention Pond. Upon the commencement of construction on any portion of the Seller Commercial Parcel, Lot 2, or the Seller Adjacent Parcel (which shall be deemed to occur upon commencement of rough grading on such Parcel), the Owner of the Seller Adjacent Parcel shall assume from the Owner of the Lowe's Parcel and shall commence to maintain the Stormwater Utilities Facilities and Detention Pond and the Owner(s) of whichever above referenced Parcel on which construction has WN commenced shall be obligated to pay its Pro Rata Share of the costs of such operation, col m maintenance, repair and replacement of the Stormwater Utilities Facilities and Detention Pond to f%- N • 61�- the Owner of the Seller Adjacent Parcel. For purposes of this Section 2.2(B), the Pro Rata N.a 4= Shares are as follows: (i) the Lowe's Parcel is 43.7 percent, (ii)the Lot 2 is 1.7%, (iii)the Seller — a .— Commercial Parcel is 15.3 percent, and (iv)the Seller Adjacent Parcel is 39.2 percent. Any item of maintenance, repair or replacement in excess of$5,000 shall require the prior written consent of the above specified Owner(s) which consent shall not be unreasonably withheld, conditioned or delayed more than thirty (30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that,.if the Owner does not respond within ten(10)days, such Owner will be deemed to have consented to the request(s)of the requesting Owner. If such Owner does not respond to the second notice within ten(10)days of receipt thereof, such Owner is deemed to have consented. Reimbursement will be due within thirty(30)days after receipt by an Owner of an invoice with copies of reasonable backup documentation (including paid invoices). (iii) Promptly after the commencement of the maintenance by the Owner of the Seller Adjacent Parcel of the Stormwater Utilities Facilities and Detention Pond, the Owner of 8 ECCR'sV IO.DOC 1007231p Shelley Vance-Gallatin Cc MT MISC 392.00 commenced shall be obligated to pay its Pro Rata Share to the Owner of the Lowe's Parcel of the reasonable costs incurred by -the owner of the Lowe's Parcel for maintaining, repairing and replacing the Private Road (consistent with the maintenance standards set forth in Section 5.1). The above Pro Rata Shares are as follows: (i) the Lowe's Parcel is 44.5 percent, (ii) the Seller Commercial Parcel is 15.6 percent, and (iii)the Seller Adjacent Parcel is 39.9 percent. Any item of maintenance, repair or replacement in excess of$5,000 (such as repaving) shall require the prior written consent of the above specified Owners, which consent shall not be unreasonably withheld, conditioned or delayed more than thirty(30) days. If such Owner from which consent is sought does not respond within the foregoing thirty (30) day period, the Owner seeking consent shall send out a second notice stating within such notice that, if the Owner does not respond within ten (10) days, such Owner will be deemed to have consented to the request(s) of the requesting Owner. If such Owner does not respond to the second notice within ten(10)days, such Owner is deemed to have consented. Reimbursement will be due from such Owner within fA thirty (30) days after receipt by such Owner of an invoice with copies of reasonable backup W N documentation(including paid invoices). a (iv) The Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent N Nn�v Parcel shall have the right to make curb cuts anywhere upon their Parcels on the Private Road. O (B) Easements for Stormwater Utility Facilities and Detention Pond. The Owner of - O the Seller Adjacent Parcel hereby grants to each Owner an easement for storm drainage within the area shown on the Site Plan as the "Stormwater Drainage Easement Area" and to discharge, a rc store, detain or retain stormwater in that area shown on the Site Plan as the "Detention Pond". ear O The Owner of the Seller Adjacent Parcel hereby grants to the Owner of the Lowe's Parcel an p easement to operate, maintain, repair and replace the Utility Facilities within the Stormwater n Drainage Easement Area and the Detention Pond("Stormwater Utility Facilities"). (i) Each Owner shall be responsible for complying with all storm water C pollution prevention laws, rules and regulations (including, without limitation, employing best m management practices with respect to control and management of water flows, residual runoff . and parking lot sweeping), and shall be responsible for its own plans and its own monitoring, record-keeping, and reporting for compliance with storm water pollution prevention regulations (collectively, the "SWPP Obligations"). The fact that the Owner of the Lowe's Parcel or the ECCRW 10MOC III I I I r IIIllllllllIIIIlll 1111 22 9 of072�3 ip 6hallay Vance-Gallatin Cc MT MISC 392.00 form and substance of the document is approved by the other Owners, which approval shall not be unreasonably withheld. No grant of an easement pursuant to this Article II shall impose any greater obligation on any Owner to construct or maintain its Building(s) except as expressly provided in these ECC&Rs. Section 2.2 Easements Granted With Respect to the Project. The following easements apply to all or a portion of the Project. (A) Easement for the Private Road: Each Owner owning any portion of the Private Road as defined below hereby grants to the other Owner(s) easements for pedestrian and vehicular traffic across the roadway labeled"Private Road"on the Site Plan(the"Private Road'), together with the following rights and subject to the following restrictions and reservations: (i) The Grantors of the Private Road easement agree not to obstruct or interfere in any way with the free flow of pedestrian and vehicular traffic over the Private Road, �p except to the extent necessary for reasonable repair and maintenance, traffic regulation and s�m co S control, and to prevent a dedication thereof or the accrual of any prescriptive rights to any person m therein (provided, however, that prior to closing off any portion of the Private Road, as herein Na provided, such Owner shall give fifteen (15) days written notice to each other Owner of its • a 10 intention to do so and shall attempt to coordinate such closing with each other Owner, so that no unreasonable interference in the passage of vehicles shall occur). (ii) After the initial construction of the Private Road, the location, road improvements, configuration or design of the Private Road shall not be changed without the prior written consent of each of the Owner of the Lowe's Parcel, the Owner of the Seller Commercial 0 Parcel and the Owner of the Seller Adjacent Parcel, which consent may be withheld in the sole discretion of each such Owner. (iii) The Owner of the Seller Commercial Parcel and the Owner of the Seller Adjacent Parcel grant to the Owner of the Lowe's Parcel an easement for the installation, construction, maintenance, repair and replacement of the Private Road. Upon completion of the Private Road, the Owner of the Lowe's Parcel shall maintain, repair and replace the Private Road. Upon commencement of construction on the Seller Commercial Parcel or the Seller Adjacent Parcel (which shall be deemed to occur upon the commencement of rough grading on such Parcel), the Owner(s) of whichever above referenced Parcel on which construction has • 6 F.COM 10.DOC �i IIIIII IIIII IIIII IIIIII(IIII III IIIIIIII III IIIII IIII IIII 100723 ip Shelley Vanoe-Gallatin Co MT MISC 392.00 utility systems and utility facilities installed under the provisions of these ECC&RS and as replacements thereto. (D) The term "Common Utility Facilities" means Utility Facilities from time to time situated on or serving the Shopping Center, as specified in these ECC&Rs, up to the building wall of any Building, for use or service in common by all Owners. All Common Utility Facilities lying within any Common Area shall for all purposes be deemed to be included within the definition of Common Area Improvements. (E) The term "Separate Utility Facilities" means Utility Facilities not installed under the terms of these ECC&Rs for use in common by other Owners and not for service of any common area. (F) The word"in"with respect to an easement granted"in"a particular Parcel means, as the context may require,"in", "to","on", "over", "through", "upon", "across", and"under",or any one or more of the foregoing. (G) All easements granted herein are non-exclusive and are irrevocable and perpetual. g (H) All easements granted herein shall be easements appurtenant and not easements in gross. r (I) In the event an Owner transfers or conveys a portion of its Parcel in accordance �mN N4 with the terms of these ECC&RS, those easements granted under this Article H which benefit, a MMMM bind, and burden the remainder of the Parcel not transferred or conveyed shall benefit, bind, and burden the portion of the Parcel so transferred or conveyed, and those easements granted under g this Article 1I which benefit, bind, and burden the portion so transferred or conveyed shall i� 1C benefit,bind, and burden the remainder of the Parcel of which it was a part. p 5 (n All easements granted hereunder and herein shall exist by virtue of these C ECC&Rs, without the necessity of confirmation by any other document. Likewise, upon the termination of any easement(in whole or in part) or its release in respect of all or any part of any Parcel, in accordance with the terms hereof,the same shall be deemed to have been terminated or C released without the necessity of confirmation by any other document. However, upon the reasonable request of an Owner, the other Owners shall sign and acknowledge a document memorializing the existence (including the location and any conditions), or the termination (in whole or in part), or the release (in whole or in part), as the case maybe, of any easement, if the 5 ECOUsV I O.DOC 2207231 IIIIII IIIII Iilll(IIIIPa I(IIII III IIIIIIII III I'lll IIII IIII 2712005 861:07R Shelley Vance-Gallatin Cc MT MISC 392.00 Outparcel shall be a Parcel from the date of recording of a subdivision map showing the Outparcel, so that all references herein to Parcels shall apply with equal force to Outparcels; however,references to Outparcels shall be specific to Outparcels as herein defined. Section 1.12. "Permissible Building Area" shall mean the areas within the Shopping Center designated on the Site Plan within which a Building(s) may be constructed not to exceed the Maximum Square Footage. Any change to the Permissible Building Areas shown on the Site Plan shall be subject to the prior written consent of the Consenting Owners, which consent may be withheld in the sole discretion of each of the Consenting Owners and any such change shall be reflected in an amendment to these ECC&Rs. Section 1.13. "Permittees" shall mean tenants and subtenants and the occupants, contractors, customers, agents, licensees, guests, and invitees of an Owner in the Project, its tenants and subtenants. ARTICLE 11 a EASEMENTS N n Section 2.1 Definitions and Documentation: co' to ��r For the purposes of this Article II,the following will apply: N' (A) An Owner granting an easement is sometimes called the "Grantor", it being Na� intended that the grant shall thereby bind and include not only such Owner but also its successors and assigns. g (B) An Owner to whom the easement is granted is sometimes called the "Grantee", it being intended that the grant shall benefit and include not only such Owner but its successors, C assigns, and Permittees; although not for the direct benefit of Permittees, the Grantee may permit p from time to time its Permittees to use such easements; provided, however, that no such permission nor the division of the dominant estate shall permit or result in a use of the easement in excess of the use contemplated at the date of the creation of such easement. (C) The term"Utility Facilities"means utility systems and utility facilities serving the Shopping Center or the Project, as applicable, such as the following: storm drainage, detention, retention and disposal facilities and sanitary sewer systems,manholes,underground domestic and fire protection water systems, underground natural gas systems, underground electric power cables and systems, underground telephone and television cables and systems, and all other 4 ECOUsV I O.DOC (IIIII)IIII)IIIII IIIIII IIIII III IIIIIIII III III������IIII 2207231p Sheller Vance-Gallatin Cc MT MISC 392.00 lighting standards, sidewalks, landscaping, fixtures, and signage. The initial Common Area Improvements are shown on the Site Plan. Section 1.6. "Consenting Owner" shall mean and refer to the Owner of the Lowe's Parcel and the Owner of the Seller Commercial Parcel. The Parties intend that there shall be only two (2) Consenting Owners for the Project consisting of only one Consenting Owner representing the Seller Commercial Parcel and only one Consenting Owner representing the Lowe's Parcel. In the event that the Lowe's Parcel or the Seller Commercial Parcel are further subdivided, the current Consenting Owner shall designate the particular parcel of the subdivided Parcel whose Owner shall succeed as the Consenting Owner. Section 1.7. "Default Rate" shall mean the rate of interest that is the lesser of (i) twelve percent (12%) per annum, compounded monthly, and (ii) the maximum rate allowed by applicable law. Section 1.8. "Improvement(s)" shall mean Building(s) and other structures within a Permissible Building Area and Common Area Improvements in the Shopping Center and any Building(s) and roadways, parking areas, landscaping, access and egress drives, service drives, N m non-dedicated streets, lighting standards, sidewalks, fixtures and signage on the Seller Commercial Parcel and the Seller Adjacent Parcel. N:a d Section 1.9. "Maximum Square Footage" shall mean and refer to the maximum square O footage allowed for all Buildings contained within a single Permissible Building Area in the N Shopping Center. The Maximum Square Footage for each Permissible Building Area is shown g on the Site Plan. Any change to the Maximum Square Footage shown on the Site Plan shall be subject to the prior written consent of the Consenting Owners,which consent may be withheld in a the sole discretion of each of the Consenting Owners and any such change shall be reflected in an p amendment to these ECC&Rs. Section 1.10. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Parcel which is located in the Project or as otherwise specified in these ECC&Rs. Section 1.11. "Parcel" shall mean and refer to any parcel of land shown as a parcel on the Site Plan and also the Lowe's Parcel, Lot 2, the Seller Commercial Parcel and the Seller Adjacent Parcel. "Outparcel" shall mean and refer to "Lot 2" as shown on the Site Plan. Every 3 ECCR'sV 1 O.DOC IIIIIIIIIIIIIIIIIIIIIIIIII Z2®7231 II III IIIIII6 I)I IIII IIII IIII 10/27/2006 11.07 A • Shelley Vance-Gallatin Cc MT MISC 382.00• III shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which are imposed on such Parcels to run with the land and be binding on and inure to the.benefit of all parties having any right, title or interest in the described Parcels or any part thereof, their heirs, successors and assigns for the purpose of development and operation of the Parcels and to protect the value of such respective Parcels. Further, in consideration of the premises, the agreements and the covenants of the Parties hereto, the mutual benefits and advantages accruing to them, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: ARTICLE I BASIC DEFINITIONS Section 1.1. "Project" shall mean the Lowe's Parcel, Lot 2, the Seller Commercial Parcel, and the Seller Adjacent Parcel. Section 1.2. "Shopping Center"shall mean and refer to the Lowe's Parcel and Lot 2. Section 1.3. `Building" shall mean the permanently enclosed structure(s) which �O er has(have) been, will be or may be constructed within the Project,but shall not include Common low- *,m 1 Area Improvements or any garden center on the Lowe's Parcel. For purposes of these ECC&Rs, 9 �10 0 `Building" shall include any appurtenant canopies, supports, loading docks, truck ramps and Vag O ! other outward extensions. Section 1.4. "Common Area" shall mean all real property owned by the Parties within the Shopping Center for the common use and enjoyment of the Owners in the Shopping Center and their respective Permittees, including, without limitation, parking areas, access and egress drives, service drives, sidewalks and non-dedicated streets and shall consist of all portions of the C Shopping Center not designated as Permissible Building Areas and all portions of any C S Permissible Building Area upon which no Building is currently constructed. Common Areas do not include drive up or drive through areas and facilities, loading docks, patio areas, or p ; permanent outdoor sales areas. t Section 1.5. "Common Area Improvements" shall mean all improvements constructed from time to time within the Common Area and intended for common use which may include, without limitation, parking areas, access and egress drives, service drives, non-dedicated streets, 2 ECCR'sV 1 O.DOC I IIIIII IIII 2207231 I IIIII IIIIII IIIII III IIIIIIII III��III'II IIII 10/27/2005 11.07A Shelley Vance-Gallatin Cc MT MISC 392.00 EASEMENTS COVENANTS, CONDITIONS AND RESTRICTIONS THESE EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS (hereinafter referred to as "ECC&Rs"), are made and entered into as of the date of the last execution hereof,which date is theme day of , 2005 ("Effective Date"),by and between Saccoccia Lands II, LLC, a Montana limited liability company ("Saccoccia II") and Saccoccia Lands III, LLC, a Montana limited liability company ("Saccoccia III") and LOWE'S HIW, INC., a Washington corporation ("Lowe's") (the foregoing parties hereinafter collectively referred to as the"Parties"); WITNESSETH : WHEREAS, Lowe's is the owner of that certain tract of real property consisting of approximately sixteen (16) acres located in the City of Bozeman, Gallatin County, State of Montana, as more particularly described on Schedule I attached hereto and made a part hereof for 0 n all purposes(the"Lowe's Parcel"); and WHEREAS, Saccoccia 11 is the owner of certain tracts of real property located in the City F-.! 5) r of Bozeman, Gallatin County, Montana, located contiguous with and adjacent to the Lowe's N.m n Parcel, which are not intended to be developed in coordination with the Lowe's Parcel, and are a gmore particularly described in Schedule II attached hereto and made a part hereof for all purposes (the"Seller Commercial Parcel"and"Seller Adjacent Parcel"); and WHEREAS, Saccoccia III is also the owner of a certain tract of real property located in o the City of Bozeman, Gallatin County, Montana, located contiguous with and adjacent to the V p Lowe's Parcel which is intended to be developed in coordination with the Lowe's Parcel, and is O ; more particularly described in Schedule III attached hereto and made a part hereof for all purposes("Lot 2"); and WHEREAS, the Lowe's Parcel, Lot 2, the Seller Commercial Parcel, and the Seller Adjacent Parcel are further designated on the site plan of the overall development, attached hereto and made a part hereof as Exhibit A(the"Site Plan"). NOW, THEREFORE, the Lowe's, Saccoccia II and Saccoccia III hereby declare, agree, covenant and consent that all of the Parcels described on Schedule I, Schedule II, and Schedule 1 ECCR'sV l O.DOC 1111111111111111111 Jill,111,Jill 22,17231 p Shelley Vano"allatln Co MT MtSC 392.00 • ARTICLE VI DEFAULT,REMEDIES...............................:........................................................40 Section6.1 Default:..............................................................................................................40 Section 6.2 Remedies for all Owners:..................................................................................40 Section6.3 Right to Cure:....................................................................................................40 Section6.4 Liens:.................................................................................................................41 Section 6.5 Cumulative Remedies: ......................................................................................42 Section 6.6 No Waiver:................... ....42 .................................................................................. Section 6.7 No Termination for Breach:............................................................Z.................43 Section 6.8 Limitation of Liability:......................................................................................43 Section 6.9 Attorneys Fees:..................................................................................................43 ARTICLE VII MISCELLANEOUS..............................................................................................43 Section 7.1 Estoppel Certificates: ........................................................................................43 Section 7.2 Term and Perpetuity:.........................................................................................44 Section7.3 Amendment:......................................................................................................44 Section7.4 Notices:..............................................................................................................45 Section 7.5 Ground Lessee Assignment:..............................................................................46 Section 7.6 No Covenant to Continuously Operate: ............................................................46 pSection 7.7 Severability:.......................................................................................................46 0 Section 7.8 No Public Dedication:.......................................................................................46 (4 Section 7.9 Counterparts:.....................................................................................................47 a Section 7.10 Relationship of the Parties: m � s ca o c � t m 111 ECCR'sV 1 O.DOC 2207231 III I I�III III�I llllll(IIII III III�IIII II�'�II II I I II P0o07 2005 86 11!07A I Shelley Vanoo-Oallatln Co MT MISC 392.00 TABLE OF CONTENTS ARTICLE I BASIC DEFINITIONS................................................................................................2 ARTICLE II EASEMENTS............................................................................................................4 Section 2.1 Definitions and Documentation:.........................................................................4 Section 2.2 Easements Granted With Respect to the Project.................................................6 Section 2.3 Easements Granted With Respect to the Shopping Center...............................I I ARTICLE III USE RESTRICTIONS............................................................................................21 Section3.1 Nuisances: .........................................................................................................21 Section 3.2 Permitted Uses for the Shopping Center:............................................. Section 3.3 Use Restrictions for the Project:........................................................................22 Section 3.4 Exclusive Use Restriction for the Benefit of the Lowe's Parcel:......................24 Section 3.5 Proprietary Rights of I.owe's:...........................................................................26 ARTICLE IV GENERAL CONSTRUCTION&DEVELOPMENT...........................................26 Section 4.1 Development Parameters for the Shopping Center:..........................................26 Section 4.2 Building Design for the Shopping Center:........................................................27 Section 4.3 Pylon or Monument Signage for the Shopping Center: ....................................28 W Section 4.4 Outparcel Development for the Shopping Center:............................................31 er a0tl Section 4.5 Parking on the Seller Adjacent Property. ............................................. r o g ..............33 N;m Section 4.6 Performance of Construction Work Generally:.................................................33 Nn Section 4.7 Compliance in Construction:........................................ .34 � A Section 4.8 Damage and Destruction:..................................................................................34 ARTICLE V MAINTENANCE,TAXES AND INSURANCE....................................................35 U �■ " Section 5.1 Maintenance _ ......................................................................................................35 1< Section 5.2 Maintenance Director:............................. ..................36 Z Section 5.3 Failure in Performing Maintenance Responsibilities ................36 Section 5.4 Taxes: ....36 C g Section5.5 Insurance: ..........................................................................................................37 Section 5.6 Failure to Carry Insurance: ......38 r_ .................................... Section5.7 Cross Indemnity: ...............................................................................................39 Section 5.8 Waiver of Subrogation:.....................................................................................39 ii ECCR'sV I O.DOC ~'t ease return to: Sect/ Title C--.. .-. 600 � h 19th Bozeman, SIT 59718 Recording Requested uested B and q Y When Recorded,Return To: Robert P. Doane, Esq. Lowe's HIW, Inc. 1530 Faraday Avenue, Suite 140 Carlsbad, CA 92008 2207231 �� IIIIIIIIIIIIIIIIIIII Pass:0127/2005 111:07A IIIIIIIIIIII III Iillll Illll IIl IIII BheIl.Y VOnoS-0a118tln Co M7 M28C 892.00 EASEMENTS COVENANTS, CONDITIONS AND RESTRICTIONS BY AND BETWEEN LOWE'S HIW, INC AND %r [ ` ?T- SACCOCCIA LANDS II, LLC co r 010 AND ND Nga Nn SACCOCCIA LANDS III, LLC s � n s ECCR'sV I O.DOC Ell 2207232 11111 IiIIIII 1111111111111111 Page, 10//27/2005 11 1:07A Shallay Vanoa—OalLatin Co MT MISC 35.00 Signature Page for Saccoccia III (Amendment to ECC&Rs): SACCOCCIA III: By: Title: STATE OF y ) ) ss. COUNTY OFF_ ) ON THIS day of Q SAL/ , 200!� befoKol undersigned, a Notary Public in and for said County and State, personally appeared t C A I I I&Ce , to me personally known to be the person described in and who executed the foregoing instrument, who,being by me first duly sworn, stated that he/she is the of j1 «k a and that he/she executed s strument on • behalf of said corporation by authority of its board of directors, and said person acknowledged to me that he/she executed such instrument as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public ��\�!`nS✓� C Printed Name: 6N-`� ON N \` ' 4 R /1 �� Q.�C' ' ' 'R.�q I My Commission Expires: �;�• lZ •� � NpTAR/q� Kris Harriman —'— _— Notary Public 1r; the State of Montana, — * 1 r� L.i'y � &J /�l .:.ontan3 OFINION`\\� • I'Amendment to ECC&R's-Bozeman V2 5 "� IIII II II(III II II 2207232 IIIIII IIIII III��IIIIII(�Ifl IIII I IIII 1I1 IIIfI II�f IIII Pass: 4 of 8 1 01 27/2008 1 1:07A Shelley Yana"allatln Co MT MISC 35.00 • Signature Page for Saccoccia lI (Amendment to ECC&Rs): SACCOCCIA II: By: N—T<�Z?1' ame. - •���-�, r�.�u „ Title: Mhw h C-s—j �^ kp-4-h STATE OF�� ) ', )ss. COUNTY OF -`.^� ) ON THIS Ito day of WQV , 200C before `e, the undersigned, a Notary Public in and for said County and State, personally appears kip 564 Sn._S✓ to me personally known to be the person described in and who executed the fore oing instrument, who,being by me first duly sworn, stated that he/she is the of:5 (L j l lch. 5 11 , a MMD1 A0L1. , and that he/she executed s&11 i trument on behalf of said corporation by authority of its board of directors, and said person acknowledged to me that he/she executed such instrument as the act and deed of said corporation. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public Printed Name: My Commission Expires: \ 'A R' / ' Kris Harriman N R � �S y2j Notary Public for the State of Montana • 92 Residing a Sutioiaan, tilontana OTAR/q My Commi=ainp F;rnirn�;.A qust i2, 006 NJ 1'Amendment to ECC&R's-Bozeman V2 4 Zz®�z3zq • Bh�ll�y Vano�-Ga11atin Cc MT MISC 35.00 Signature Page for Lowe's(Amendment to ECC&Rs): LOWE'S: Lowe's HIW, Inc., a Washingto rporation Attdy�,'-• By: -.��` t:r a` �• am Name: Kevin D. Bennett :.: Title: Vice President STATE OF NORTH CAROLINA ) )SS. COUNTY OF WILKES ) SI ON THIS ?L�day of 2005, before , the itersi ed, a Notary Public in and for said County and State, personally appeared �te V-A U. 'J CtE to me personally known to be the person described in and who executed the foregoing instrument, who,being by me first duly sworn, stated that she is the A4,e-f-Pik id 2- • of LOWE'S HIW, INC., a Washington corporation,and that he/she executed such instrument on behalf of said corporation by authority of its board of directors,and said person acknowledged to me that he/she executed such instrument as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Not lic Printed Name: OFFICIAL SEAL My Commission Expires: SHEILA H.VANNOY NOTARY PUBLIC NORTH CAROLINA COUNTY OF WILKES I°Amendment to ECC&R's-Bozeman V2 3 2207232 I111111111I11111111Pass: 2 of IIII�IHI III IIIIIII III IIIII IIII I II PO 2 0 7 1 20 05 1 Bhallav vane-Ballatln Cc MT RISC 35.00 maintain and operate the Tschache Monument Sign which shall be erected or used for the advertising of multiple Owners,tenants or occupants of the Lowe's Parcel,Lot 2,the Seller Commercial Parcel and the Seller Adjacent Parcel. If Lowe's elects to construct, install,maintain and operate the Tschache Monument Sign as set forth above,the provisions of Sections 4.3(F)through Sections 4.3(H)above shall not apply and shall be null and void and shall have no force and effect. The Owner of the Lowe's Parcel shall be entitled to have and maintain a sign panel thereon in the top and most prominent position on both sides of each of the Monument Signs. The Owners of Lot 2,the Seller Commercial Parcel and the Seller Adjacent Parcel shall be entitled to no more than a combined total of six(6)sign panels beneath the Lowe's sign panel. No other sign panel on any Monument Sign shall be of a size or have dimensions which are greater than seventy-five percent(75%)of the size and dimensions of the Lowe's sign panel on the same Monument Sign. Lowe's sign panels shall be of colors,design and content as required by the Owner of the Lowe's Parcel's own visual sign standards. A National or Regional Tenant's sign panels shall be of colors,design and content as required by such National or Regional Tenant. (M) The cost of constructing the Tschache Monument Sign,if the Owner of the Lowe's Parcel elects to construct the Tschache Monument Sign as provided herein, shall be prorated in accordance with the number of occupants having panels thereon. The Owners placing a sign panel on the Tschache Monument Sign shall each pay their pro rata shares of the cost of construction,maintenance and operation of the Tschache • Monument Sign to the Owner of the Lowe's Parcel commencing at the time of its installation of their sign panel on the Tschache Monument Sign. Such pro rats share shall be calculated by dividing the square footage of the Owner's sign panel as the numerator by the total combined square footage of all of the sign panels on the Tschache Monument Sign as the denominator. The Owners having a sign panel on the Tschache Monument Sign shall maintain their sign panels in good condition. If the Owner of the Lowe's Parcel does not elect to construct,install,maintain and operate the Tschache Monument Sign within the above thirty(30)day period,then Sections 4.3(F)through Sections 4.3(I)shall apply and have full force and effect and Sections 4.3(L)through Sections 4.3(M)shall have no force and effect and shall be null and void. 3. Except as amended herein,the ECC&Rs remain in.full force and effect. This Amendment may be executed in counterparts which,when taken together,constitute the Amendment. IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the date first written above. [Remainder of Page Left Intentionally Blank;Signatures Follow on Separate Pages] I'Amendment to ECC&R's-Bozeman V2 2 COS 1215G 2207232 Security Ti t i c Company IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII 10//227/200 5 11 1:07A P .O . BOX 6550 Shelley vama"atlatin Cc MT MISC 25.00 i Bozeman , MT 59771-6550 Recording Requested By and When Recorded, Return To: Legal Department Lowe's HIW, Inc. 1530 Faraday Avenue, Suite 140 Carlsbad,CA 92008 FIRST AMENDMENT TO EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS This FIRST AMENDMENT TO EASEMENTS,COVENANTS, CONDITIONS AND RESTRICTIONS("Amendment")is made this ?�S� day of October,2005,by and between LOWE'S HIW,INC.,a Washington corporation("Lowe's"); Saccoccia Lands 11, LLC,a Montana limited liability company("Saccoccia II");and Saccoccia Lands III, LLC,a Montana limited liability company("Saccoccia III")(the foregoing parties hereinafter collectively referred to as the"Parties"). • WITNESSETH Whereas Lowe's,Saccoccia II and Saccoccia III entered into that certain Easements, Covenants, Conditions and Restrictions("ECC&Rs"),dated QC 1-•Al--XF 2005,and recorded on OCT 2 7 . 2005 as Instrument Number 2 2 0 7 2 31 in the official records of Gallatin County,Montana;and Whereas Lowe's,Saccoccia II and Saccoccia III desire to amend the ECC&Rs to allow for election by Lowe's to install,construct,maintain and operate the Tschache Monument Sign; NOW,THEREFORE, in consideration of the mutual benefits and advantages accruing hereunder and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: AGREEMENT 1. All capitalized terms used herein and not herein defined shall have the meaning given them in the ECC&Rs. 2. Section 4.3 is hereby amended to add the following subsections 4.3(L)through subsections 4.3(M)to Section 4.3: (L) Notwithstanding anything to the contrary contained in these ECC&Rs, with respect to the Tschache Monument Sign, within thirty(30)days from the Effective Date of these ECC&Rs, the Owner of the Lowe's Parcel may elect to construct, install, • 1°Amcndment to ECC&R's-Bozeman V2 l ACCEPTANCE BY THE CITY OF BOZEMAN: As to all provisions and amendments, of which the City of Bozeman is a third party beneficiary by virtue of the approval of the Saccoccia PUD, the City of Bozeman does hereby acknowledge these amendments and accepts the same. City of Bozeman By: The City Manager Attested: Clerk of the Commission STATE OF MONTANA ) :ss. County of Gallatin ) On this day of , 2006, before me, the undersigned, a Notary • Public of the State of Montana, personally appeared Chris Kakulski, manger of the City of Bozeman, known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. NOTARY PUBLIC for the State of Montana Printed Name; Residing at My Commission expires 6 . NOTARY PUBLIC for the State of Montana N' SEAL ��;' Printed Name: Residing at '%;"0F M010 " ,,, My Commiss n expires , 5 0 s SACCOCCIA LANDS III, LLC • A Montana limited liability company By: Its. STATE OF MONTANA ) :ss. County of Gallatin ) On this 62t day of June , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the rmn "� of Saccoccia Lands III, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day ; OOV f° W above written. TARI NOTARY PUBLIC for the State of Montana SEAL .`�- Printed Name: [ . l n 2ym i I �,�` Residing at Im. � � My Commis ' n expires 2-l0-2ooSS • SACCOCCIA LANDS II, LLC A Montana limited liability company Its: ;. STATE OF MONTANA ) :ss. County of Gallatin ) On this kpt- - day of )j_r,C, , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the of Saccoccia Lands II, LLC known tome to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. 4 • • Lowe's HIWkk -� A Washingtporation By: (,,,Ats: Kevin D. Bennett Vice President STATE OF t& lAa_ County of 1JLkes ) On this-�day of Zry n c- , 2006, before me, a Notary Public in and for said State, personally appeared 4<,P_Wn D. ha*,to me personally known to the person described herein and who executed the foregoing instrument, who, being .first duly sworn, stated that he/she is the 1 ve-, Pr&j,,j a44- of Lowe's HIW, Inc, a Washington Corporation, and that he/she subscribed to the within instrument and acknowledged to me that he/she executed the same on behalf of the corporation. . ota PUbllc for the State of �or�(fi �n r�A&t4 • Printed Name: 6he rlaL_ W.. 1�vu�o� Residing. at -I(w4 Cre te, n1 r— My commission expires: fo-b SHEILA H.VANNOY Notary Public North Carolina-Wilkes County , My Commission.Expires •c 8 • 3 . i WHEREAS,the Parties have entered into site development of Lot 1 of the Saccoccia PUD, more particularly referred to as Tract 2131 of Certificate of Survey 1215C for the construction of a large format retail store (in excess of 75,000 square feet)to be occupied by Lowe's HIW, Inc.and operated as a Lowe's store ("Lowe's site"); and WHEREAS,the Parties, as part of the Lowe's site,agree to participate with the City of Bozeman.in a redevelopment plan ("Vacancy Mitigation Procedure for the Lowe's site"), do hereby amend the previously recorded Easements, Covenants, Conditions and Restrictions, as amended to comply with the approved Vacancy Mitigation Procedure for Lowe's site. NOW THEREFORE, the Parties, in good and valuable consideration of mutual benefit and advantages accruing hereunder and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Upon the-effectuation of.the Vacancy Mitigation Procedure for the Lowe's site by Lowe's and the City of Bozeman, Paragraph 5,Article III,then the Easements, Covenants, Conditions and Restrictions Section 3.2 shall be amended to add the following sentence at the end of Section 3.2: "The Owner of the building will look first for a buyer, lessee or user that desires the entire building for a use that Is compatible with the PUD". No further writing shall be required to give this Amendment full force. and effect. IN WITNESS WHEREOF,the Parties have executed this Second Amendment to the Easements, Covenants, Conditions and Restrictions on the day and date first written above. [SIGNATURES TO FOLLOW] 2 After recording return to: Rob Doane Lowe's HIW, Inc. 1530 Faraday Ave., Ste. 140 Carlsbad,California 92008 SECOND AMENDMENT TO EASMENTS, COVENANTS, CONDITIONS and RESTRICTIONS This SECOND AMENDMENT TO EASEMENTS, CONVENANTS, CONDITIONS and RESTRICTIONS ("Second Amendment") is made this_day of June 2006, by and between Lowe's HIW, Inc.a Washington Corporation ("Lowe's")with address of Box 1111, (Highway 268 East), North Wilkesboro, NC 28659 Attention: Property Management Dept. (REO), Saccoccia Lands II, LLC, a Montana limited liability company("Saccoccia II")with address of 1234 Springhill School Road, Belgrade, Montana 59714and Saccoccia Lands III, LLC, a Montana limited liability company ("Saccoccia III").with address of 1234 Springhill School Road, Belgrade, Montana 597154 (the foregoing collectively referred to as "Parties"). WHEREAS, Philip Saccoccia, ' Jr. recorded Easements, Covenants, Conditions and Restrictions for the subject real property, described on Exhibit A,attached hereto and incorporated by reference herein,which were recorded on February 9, 2004 in the office of Gallatin County Clerk and Recorder as Document No. 2139990;. and WHEREAS, Lowe's, Saccoccia II and Saccoccia III entered into that certain Easements, Covenants, Conditions and Restrictions ("ECC&Rs") dated October 21, 2005 and recorded on October 25, 2005 as Document No. 2207231 in the office of Gallatin County Clerk and Recorder and the Parties, thereafter, entered into the First Amendment to the Easements, Covenants, Conditions and Restrictions V V Amended ECC&Rs") which was recorded in the office of Gallatin County Clerk and Recorder as Document No. 2207232 on October 27, 2005. 1 •` i �i i i, +I t • Lowe's Home Improvement Morehouse PUD Develo ment Guidelines Pp Development Guidelines for Lowe's Home Improvement Warehouse PUD, Bozeman, Montana Introduction The intent of these guidelines is to ensure that a high quality design is maintained within the development of the Lowe's Home Improvement Warehouse (Lowe's) site. Attention shall be paid to the overall planning of the site, in order to optimize the visual aesthetics of the building and site work from the various view corridors around the site. Sensitive and responsible architectural, landscape and signage design will enhance the appearance of the Lowe's building. The Lowe's Planned Unit Development (PUD) is a PUD within the Saccoccia PUD. These Development Guidelines demonstrate planned unit development requirements for the Lowe's site. The Lowe's Site Plan must also adhere to the framework and Development Guidelines of the Saccoccia PUD. The Lowe's lot shall be used only for retail and wholesale sales associated with Lowe's HIW, Inc. including building material/lumber sales, garden center sales and other home improvement sales. Lots 2 and 3 of the PUD shall adhere to uses defined in the Saccoccia PUD Development Guidelines with the addition of medium to high density residential projects allowed in.that portion of Lot 3 lying east of the north-south interior access road, with the conditional use approved by the City of Bozeman. Sections of this document that refer to specific uses that comply with the above statement are for illustration purposes only and not for the purpose of further restricting the use of the lot. This project also entails boundary relocation to fit the needs of the Lowe's Planned Unit Development. Similar to the Saccoccia PUD, Lot 1 will remain as the dominant lot, Lot 2 will consist of a smaller lot adjacent to Tschache Lane and Lot 3 will skirt Walton's Stream/Ditch. The Saccoccia PUD was filed without a first phase and it was assumed a boundary relocation would be necessary to secure lot specific tenants. Due to the fact that improvements and a building permit are proposed for the PUD, concurrent construction of improvements in accordance with City of Bozeman Ordinance 1532 is required. 1 Lowe's Home Improvement warehouse PUD Development Guidelines A narrative addressing Ordinance 1532 will be submitted to the City during the site plan approval process. Site Planninq and Phasinq Improvements associated with this project include the installation of the north-south access road with boulevard trees adjacent to the Lowe's lot and construction of the "Lowe's Green", an approximate 39,000 SF developed open space sited to offer a pleasant place to stop for the Lowe's customers and employees as well as those of adjacent Bridger Peaks Town Center. Pedestrian trails and a sidewalk system will be installed to create a loop around the entire P.U.D., connecting to adjacent trails, properties and the stream corridor. Landscaping shall be installed concomitant with site plan development. A portion of the detention area shall be developed with this phase as required by site plan design. Per the guidelines set forth in the 1-90 Corridor section of the Design Objective Plan, the buildings and landscaping shall be organized into major groupings to enhance the scale and appearance of the development. Refer to the landscape design guidelines towards the end of this document. Open Space Allocation Due to its location in the North 19th Avenue/Oak Street Corridor, this project will be developed as a planned unit development and meet or exceed the respective open space requirements. The Saccoccia P.UD acts as an overall open space plan and.schematically depicts a minimum of 30% open space for the entire Saccoccia PUD. The Lowe's lot exhibits 3.75 acres open space with 8.21 acres distributed in other areas of the Saccoccia PUD. A portion of the Lowe's open space is distributed throughout the Saccoccia PUD to achieve a larger open space corridor along the Walton's Stream/Ditch and to create a larger buffer from Baxter Lane and Tschache Lane. The Final Site Plan of the Saccoccia PUD demonstrates the ability to obtain 30% open space via greenway, stream setback and other open space areas. Lowe's Green shall be established as a sanctuary for pedestrians, customers and employees. This area will be landscaped with significant quantities of trees and shrubs to provide shade and 2 Lowe's Home Improvement Warehouse PUD Development Guidelines • screening and will also include pedestrian benches, picnic tables, a gazebo, arbor and trail/sidewalk connections to the development and adjacent properties. Community Pedestrian/Bicycle Trail Pedestrian/bike trails are integrated into the Lowe's development and extend into the Saccoccia PUD to create a loop. With this project, a trail located near the Walton Stream will be installed. Other trails and sidewalks include connections to Lowe's three building entries via large landscaped islands in the parking lot and a trail connection from Tschache Lane. Adjacent properties and projects will be connected by these pedestrian ways, including the new Hilton Hotel, Bridger Peaks Town Center and the Bridger Peaks Village to the south. Access The Lowe's PUD is accessed via two public road and two private roads. The public roads include Tschache Lane to the south and Baxter Lane to the north. A private road along the western boundary of the PUD also provides access to the site at points as shown on the concept plan. This private road was installed with the development of the PUD on the property to the west and is located on a mutual access easement. The other private road connects Baxter Lane and Tschache Lane, bisecting the Saccoccia PUD. Building Design Guidelines Building character To ensure continuity within the development, it is important that all buildings be compatible with a consistent architectural character as with the existing Saccoccia PUD Development Guidelines. To achieve this, these guidelines call for building forms, details, materials and colors that are intended to be compatible with, and complimentary to, the North 19th Entryway Corridor. Inspiration is drawn from Bozeman's historic architecture. Often eclectic, the buildings in • old Bozeman incorporate architectural styles and features from many sources and eras, allowing for a broad range of design. The city's downtown serves as a vast resource of 3 Lowe's Home ImprovementVarehouse PUD Development Guidelines building styles, materials and color palettes. Many of these buildings incorporate pitch- roofs, false fronts, entry canopies and unique profiles. Overall, the goal is to create a built environment that is designed to have clear order and comprehensive composition in design, scale, materials, color, detailing and landscaping. The building height restrictions were relaxed to allow for a maximum height of 48 feet in the Saccoccia PUD. This relaxation was supported by the desire to use adjacent buildings and individual building elements to provide contrast and variation against horizontal portions of the buildings and to emphasize entry points. Building massing Considerable thought has been given to the design of the proposed building facades to create interest while softening the scale of the otherwise large building footprint. Per the guidelines in North 19th Corridor section of the Design Objective Plan, these guidelines call for a building design that does not appear to be "standardized," or "franchise" in style. Articulation of building forms, both horizontally and vertically, have visually reduced the overall scale of the buildings and have added visual interest to the architectural composition. Building elevations are visually designed to be not more than 100' in length, by means of recesses, offsets, angular forms, and/or other features to provide visually interesting facades. Furthermore, the following building elements improve the massing and scale of the building. Exceptions to these guidelines may be granted based on design merit or historical precedent: Roof Rooflines and profiles shall contribute to varied scale and massing. Pitched roof forms echo the mountains, surrounding Bozeman while responding to the regional climatic conditions. Buildings in this development shall incorporate pitched roof forms in their appearances. Pitches between 3:12 and 12:12 are considered appropriate. Entire buildings do not need to be covered with pitched roofs, but the entrance areas shall be . 4 Lowe's Home Improvement Warehouse PUD Development Guidelines emphasized in such a manner, as if a "false front" is applied. Distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines shall also be used in the composition of a building. r� i I 'GvM�I GGyVyV�ieG i Al, Eaves, soffits and fascias Sloped roof elements should have a horizontal eave projection. 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 shall be set back from the AZ.TA-�—F roof edge and should be cut square to the roof slope. '`"er-L MSCA` All roof edges with enclosed soffits shall have a � �rs fascia. Fascias are not necessary for roof edges with `r exposed rafters. Gutters, downspouts, snow stops Gutters on roof edges are permitted and are required to match the roof color at the enclosed soffit conditions, or the wood rafter color when exposed rafters are used. Exposed downspouts are permitted, but care is to be exercised when composing the building elevations so that they become a part of an integral design. Snow stops shall be used on all sloped metal roof forms where roof edges are above or near pedestrian • walkways. They need to be unobtrusive in appearance and match the color of the sloped roof. 5 Lowe's Home Improvement rehouse PUD Development Guidelines IZI ♦r;AAf-OASlZe eWV,'r W.4f(,W tYtS 6t�T�Y Roof mounted equipment Rooftop mechanical equipment, including but not limited to HVAC units, vents and other major penetrations, shall be screened. Screening shall be provided through the use of raised parapets around the building, or by rooftop screening elements that are consistent with the building's design. Penetrations and all other exposed elements in sloped roofs are to be painted to match the roof color. dL--h- 0 / / r i I Canopies Canopies shall be used where feasible, to shelter entry doors and give definition to building planes. Sloped canopies, and canopies supported by diagonal rods with wall mounted connector plates are both acceptable. 6 0 • Lowe's Home Improvement Warehouse PUD Development Guidelines N,pcfitllNrq pl.h1E "M,:O v FIVD COPY ANML C~ry WAU. Exterior walls Building walls shall not be longer than 100' without modulating the fagade. This can be accomplished by offsetting wall planes, changing wall materials, adding canopies/overhangs/trellises, or as approved for design merit. Changing the roofline to reinforce the fagade modulation is encouraged. Buildings shall have a distinct "base" at the ground level, using different materials, colors or textures to provide distinction. All facades shall be designed with comprehensive composition and clear order, highlighting entry points, highlighting or screening appropriate building functions, reflecting the building program while respecting important visual perspectives both on site and off site. i Storefront windows and doors The sizes, shapes and materials of storefront windows and doors have a significant visual effect on the building elevation design. To complement the development's overall aesthetics, the storefronts shall be made of anodized aluminum with clear insulated- glazing suitable to the local climate. 7 Lowe's Home ImprovementVrehouse PUD Development Guidelines 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 to increase the amount of interior daylight and to reduce the amount of unglazed exterior wall surface. Screening Trash enclosure, as well as ground level equipment such as transformers, satellite dishes, and mechanical equipment, are to be screened from public view through landscaping, fencing or finished walls that complement the building design. Materials and colors Much like the historic buildings of Bozeman, the sensitive use of multiple materials is a desirable approach to creating richness in architectural character. Acceptable materials within the development are EIFS, brick and thin-set veneer brick, metal siding and roofing, precast concrete, colored CMU blocks, stone and simulated stone veneer. It is preferable that these materials be complimentary to the materials and colors as specified below. Earth tone colors with complimentary accents shall be the bases for all color schemes in the P.U.D. The color and material schedules submitted with the Site Plans shall provide inspiration in the design of the buildings for the development. The material and color palettes for individual projects will be judged in terms of their compatibility with the overall character of the development. • 8 Lowe's Home Improvement Warehouse PUD Development Guidelines • P P Exterior lighting Lighting fixtures used on this development must comply with Section 18.42.150 "Lighting" of the City Uniform Development Code and contribute to the overall style of the development. The light fixtures shall be shielded to prevent direct illumination from falling on adjacent properties. Metal Halide lighting at appropriate levels will enhance the appearance of the buildings and grounds while promoting security. The lantern style light fixture, as depicted in attachment to the Saccoccia PUD Development Guidelines, shall only be used along the interior portions of the development. This fixture type will have meet cutoff requirements while presenting a historical character. The architectural features of the building exterior shall include bell shaped light fixtures. These bell shaped fixtures shall be mounted with "gooseneck" arms. • °80O5E NeCK ARM WALL MOUNT SELL SMMD HOOP Pedestrian oriented architecture The P.U.D. concept plan demonstrates coordination between vehicular and pedestrian circulation. Pedestrian corridors shall be provided between the phases, parcels, buildings and adjacent properties. The corridors provided for pedestrian circulation within the subdivision shall be enhanced with landscaping and constructed with • crosswalks designated with pavers or stamped concrete across vehicular lanes. 9 Lowe's Home Improvement PUD Development Guidelines Outdoor recreational areas such as landscaped areas, open spaces, trails and picnic areas shall be provided for the use and enjoyment of employees, customers and the public. Refer to attached lighting, tree grate, bench and bike rack cut sheets. Landscape Guidelines The landscape design for the Lowe's Planned Unit Development will comply with the City of Bozeman's Unified Development Ordinance and the landscape requirements as defined by the Saccoccia PUD Development Guidelines. The landscape design contributes significantly to the Baxter Lane and North 19th Avenue corridors. Wide landscape buffers are designed to tie this development to others in the area and provide comfortable open space for pedestrian circulation. Plant selections submitted with this Site Plan shall provide the development with a sense of unity internally as well as compliment surrounding developments. The design shall provide for seasonal interest, a variety of experiences for center users. The plantings will be combined with berms and swales to create topographical interest where appropriate. • The specific design guidelines as defined below may be altered within the framework of this PUD based on design merit and with the requirement being that the overall concept must be maintained throughout the development and the landscape points must be attained. Landscaping on each lot must meet or exceed the minimum requirements outlined in the zoning ordinance in order to achieve the higher quality of design expected with a PUD. These requirements are outlined in the North 19th Avenue/Oak Street Entryway Corridor Plan, which reflect design intentions for planned unit developments. Due to the project location, this planned unit development must adhere to the Greenway Corridor Landscape Standards. Further, this project will exceed minimum landscape standards, which is expected for large format retail projects. General Landscape Guidelines To reduce or eliminate the dependence on treated city water, on-site wells will be installed for irrigation purposes in the event that the City of Bozeman can successfully apply for receive 10 Lowe's Home Improvement Warehouse PUD Development Guidelines permit to install irrigation wells in the Bozeman Solvent Site. Larger tree and shrub plantings, combined with complete irrigation, will be utilized for an immediate landscape impact. At this time, landscaping for the Lowe's PUD will follow the Landscape Plan as shown on the proposed Concept Plan. Landscape improvements will include extensive landscaping throughout the project. Landscaping outside of the Lowe's project will include the Walton's Stream/Ditch trail corridor, landscape groupings at the two access points on Baxter Lane and the three access points on Tschache Lane, and along the southern lot line of Lot 2. Tschache Lane Frontage Important considerations for this area include the requirement of the formal streetscape. This will be provided by the formal arrangement of Black Ash (Fraxinus nigra 'Fall Gold'), or other suitable species, at 50-foot intervals along Tschache Lane. To the inside of this line of trees additional buffering of parking lots will be created by natural, rolling berms planted with groups of Austrian Pine (Pinus nigra), Colorado Spruce (Picea pungens), Thunderchild Flowering Crab (Malus 'Thunderchild'), and Spring Snow Crab Malus 'Spring Snow') or other suitable species. • The yard landscaping points shall be met with groups of large evergreen trees, small ornamental trees and large canopy trees for each 50 lineal feet, in addition to the street trees. Turf grass would be present around these plantings. The plantings and berms present in the greenway create a variety of visual experiences for pathway users. All plantings shall be placed with consideration as to path use and safety, visibility into the parking lot for security personnel, view corridors, terminated vistas, and appropriate screening for the adjacent developments. Plant selection ties to the Bridger Peaks development by repeating the use of the Black Ash as street trees but creates variety and a unique identity by using Flowering Crabs. Creativity shall be encouraged in the plantings, and entrance focal points will be created. In these cases, clusters of evergreen and deciduous shrubs may be used to assist in creating focal point plantings. West Property Line Buffer This buffer strip will utilize berming, trees and shrubs to screen and separate parking and • structures. Planting space is limited due to extensive utilities running along this corridor. Plantings are designed to accommodate these concerns while still providing screening and 11 Lowe's Home Improvementarehouse PUD Development Guidelines • separation. This buffer will enhance the visual perception of the development from North 19t' Avenue. Part of the plant palette will be used to carry the planting around the corner to the north and visually tie this buffer to the Baxter Lane plantings. The landscaping shall tie Tschache Lane and Baxter Lane together and provide accent at the drive connections to the adjoining project and to avoid underground and overhead utilities. Baxter Lane Landscaping This landscape buffer will enhance visual perspectives of the development from Interstate 90. Baxter Lane will be lined with a formal street tree arrangement of Black Ash (Fraxinus nigra 'Fall Gold') or other suitable species. The large expanse of greenspace will utilize evergreen and deciduous trees and will utilize rolling berms to create a park-like setting. The plant palette may include Austrian Pine (Pinus nigra), Colorado Spruce (Picea Pungens), Quaking Aspen (Populus tremuloides), Clump Birch (Betula papyrifera), and Canada Red Cherry Prunus virginiana 'Canada Red'). The detention area will be designed with an irregular perimeter and be revegetated with native species as described in the General Landscape Guidelines above. For this project, the landscaping along Baxter Lane will include landscaped groupings at the • access points to the Saccoccia PUD. Stream Corridor The steam corridor along the eastern property line will be afforded significant setback and may be further separated from the development by a building access drive. A pathway is planned for this area to allow pedestrian access from the development as well as adjacent properties. Plantings should be limited to native species of trees and shrubs to enhance the riparian nature of the corridor. The planting of native grasses is also encouraged in this area. It is desirable to leave the native grasses unmown thereby enhancing the feel of a natural stream bank community. • 12 Lowe's Home Improvement Warehouse PUD Development Guidelines • Interior Parkinq Lot The parking lot layout shall provide for traffic control, shading and pedestrian access. Japanese Tree Lilac (Syringa reticulata), Clump Birch (Betula papyrifera), and Prairie Spire Ash (Fraxinus Pennsylvanica 'Rugby') are trees that may be utilized in the parking lot islands. Pedestrian Use Areas Pedestrian access shall be provided throughout the development. Concrete walks are to be provided along Baxter Lane and Tschache Lane with lateral extensions into the site. A minimum 6-foot wide pedestrian path shall be provided along the stream to the east. This path shall meet the requirements for city standard natural fines trails.. A primary pedestrian access shall be provided through the site and shall consist of concrete sidewalks and at-grade marked pedestrian crossings connecting on site entry points, pedestrian destinations and off site developments.. Building Envelope • The Lowe's building will include plantings to soften and enhance the architecture, sufficiently screen service and utilities from the street. General locations for these plantings shall be determined through Site Plan Review and shown on a landscape plan. Materials shall include some of the species used in the overall development, but some variety will be allowed for individual expression and identity. A landscape plan will be required for these pad sites. The landscape design provides a strong unifying element to the overall design of the development. *All plant varieties suggested are to act as a guideline. As new, improved cultivars are developed variation from the listed varieties will be allowed. Submitted by Shelly Engler, Landscape Architect, Cashman Nursery, December 21, 2004; Modified 5/20/2005 • 13 Lowe's Home Improvementarehouse PUD Development Guidelines Signage guidelines City Staff and Commission shall review the signage for this lot during the Site Plan Review process. All signage within the Lowe's PUD must adhere to the framework of the following signage guidelines; however, each individual signage proposal shall be reviewed independently. 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, E.I.F.S., 40 year metal for roofing), but to enhance the overall aesthetics 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. • Proposed Signaqe will be of Three Categories: Pylons, Wall Signaqe, and Pad Signaqe Pylons: A single sign with primary tenant/occupant panels will be the main I.D. for the whole complex. There will be a second, lesser pylon sign with secondary tenant panels and a separate monument sign approximately half the size of the main pylon with secondary tenant panels. The main I.D. sign is shown in attached drawing. The primary pylon and monument will utilize internally illuminated fluorescents to light logo graphics. The pylon and monument will have similar materials, which will match building construction. The upper title cabinets and lower tenant cabinets will be constructed of metal and steel materials, will be painted and provided with lexan faces with 3M vinyl graphics. Internal fluorescents will illuminate the secondary tenant I.D. signs. The support columns will be of brick construction, designed to compliment the buildings in the project. There will be a limited number of smaller non-illuminated entrance directionals placed appropriately for pedestrian and traffic control. A monument type directional may be considered • 14 Lowe's Home Improvement Warehouse PUD Development Guidelines should more than one tenant occupy a pad site. These signs will be addressed as needed during site plan review. Locations of exterior and entryway pylon signs are shown on enclosed map. Wall and Pad Signage: There are two types of wall signs permitted in this PUD: 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 using pan channel individual letters with aluminum returns, back lit with neon, acrylic faces with trim cap and non exposed mounting hardware. Additional options would be custom shaped cabinets fabricated of aluminum painted to match building colors, with acrylic faces and applied 3M translucent vinyl graphics with various colors compatible to the building facade. Lighting would be fluorescent lamps. All tenant copy will be of a contemporary font, with the exception that a registered trade mark or letter style, logo and colors may be used. 2) Secondary wall signage will be provided to efficiently direct the public. These are to be limited and appropriately placed as projecting wall blade signs. These will be custom fabricated with painted aluminum frames and panels and 3M vinyl graphics to match building colors. 3) All pad signage shall be restricted to wall signage with the exception of the approved pylon signs. All site plans shall submit a wall signage package that must comply with these guidelines and the City of Bozeman signage design regulations. Signage Summary: Tenants 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. iHA3373\003\Docs\preapp\Lowe's PUD DevGuide.doc 15 UNIVERSE COLLECTI0 CM BEL(H) DATE r TYPE UCM BEL FIXTURE OPTICS BALLAST- COLOR HOOD 1 2 3 4. • PAGE 1 OF 2 • • • • • • • • • OPTIONS ARM SEE ao POLE 5 LE 6 ARM sEcnoN 7 OPTICS 4. HOOD FINISH - OPTIONAL ❑ H2 Type 2 horizontal reflector,sag glass lens ❑ COP copper shade ❑ H3 Type 3 horizontal reflector,sag glass lens ❑ STS stainless steel shade ❑ H4 Type 4 horizontal reflector,sag glass lens The natural copper a Inless steel hoods are ❑ H5 Type 5 horizontal reflector,sag glass lens unfinished to lop a patina over time.All hoods lor the OAL a R3/G95 have the underside of the hood finished In 2 BALLASTS high reflectance white. ❑ 50 MH metal halide 120/277 volt 5 OPTIONS ❑ 70 MH metal halide 120/208/240/277 volt ❑ FTG Flat glass lens instead of standard sag glass ❑ 70 MHT6 70 watt metal halide muitttap ballast, 120/277 volt. on reflector models. Uses a G12 base,clear T-6 ceramic MH lamp. ❑ FLD LDL-lightly diffused finish on flat glass lens ❑ 100 MH metal halide 120/208/240/277 volt for reflector models. ❑ 150 MH metal halide 120/208/240/277 volt ❑ HSS House side shield for reflector models. ❑ 150 MHT6 150 watt metal halide multitap ballast, 120/208/240/ ❑ QRS Quartz restrike controller and socket for a 277 volt.Uses a G12 base,clearT-6 ceramic MH lamp. T-4 min[-sand halogen lamp,maximum 150 watt,reflector models only. El175 MH metal halide 120/208/240/277 volt ❑ QL Socket for a T-4 minl-sand halogen lamp ❑ 50 HIPS high pressure sodium 120/277 volt Must be field wired to a separate 120 volt D 70 HPS high pressure sodium 120/208/240/277 circuit.Max.150 watt,reflector models only. 100 HPS high pressure sodium 120/208/240/277 ❑ 347 120/2401347 volt ballast for HID lamps. ❑ 150 HPS high pressure sodium 120/208/240/277 M.PMS Pendant mount with 48°/1220mm stem and Use clear,E-17 lamps,medium base lamps(not Included). canopy with swivel.The stem and canopy All ballasts are factory wired for 277 volts. are painted as fixture. 3 COLOR ❑ RCK Rock Guard-Reflector units only. El WHT white powder coat finish ❑.E870 Electronic ballast for 70 watt metal halide lamps.Specify 120 or 277 volt ❑ BLK black powder coat finish ❑ EBI 50 Bectronl&ballast for 150 watt metal halide lamps. ❑ DGN dark green powder coat finish Specify 120 or 277 volt. ❑ DBZ dark bronze powder coat finish ❑ GALV galvanized powder coat finish ❑ VGR verde green powder coat finish ❑ CRT corten powder coat finish ❑ MAL matte aluminum powder coat finish ❑ LGY light grey powder coat finish ❑ ATG antique green powder coat finish ❑ RAL # ❑ CUSTOM:. ❑ OTHER: JOB NAME: Ljoj PS p '80Zei7i0-,e7 Approvals SOLD TO PO# OAR'CHITECTURAL AREA LIGHTING 14249 Artesia Blvd / La Mirada, CA 90638 714 994.2700 / fax 714 994.0522 / www.aW.net Ref:UCMBEL"H.pdf copyright 2003,design patented UNIVERSE COLLECTIOI#1 UCM BEL PAGE 2 OF 2 • HOUSING The fixture ballast housing shall be one piece die cast aluminum. r The hoods shall be heavy gage spun aluminum with hemmed edges for added rigidity. "i All internal and external hardware shall be stainless steel. Reflector models shall consist of a die cast aluminum.door frame and ring assembly. The hood ring assembly shall be fully sealed with a molded silicone gasket.The door frame shall be hinged to the ring and opened with two captive fasteners for relamping.The tempered Yi•l t 'Y�4 �L sag glass lens is held in the door frame with a molded silicone gasket. Opal acrylic lens- OAL-shall consist of a molded opal acrylic lens and an aluminum frame.Three captive fasteners shall be loosened to turn and remove the lens for relamping. HORIZONTAL REFLECTOR MODELS Glass refractor- GR3/5.A borosilicate glass refractor lens with a DIMENSIONS: 16'/405MM x 24"/61 OMM DIA. type 3 or type 5 distribution shall be attached to an aluminum'frame. IP=65 EPA=1.44 WEIGHT=34LBs. Three captive fasteners shall be loosened to turn and remove the lens for relamping. OPTICAL ASSEMBLY The reflector module shall be composed of faceted, semi specular ;i4._...: anodized aluminum panels rigidly attached in an aluminum tray. The reflector shall be easily removed by loosening four screws and lifting it out the tray. The reflector tray shall be rotatable on 90°centers for orienting the light distribution.The reflectors shall meet ANSI-IES standards for full cutoff reflector systems. ELECTRICAL ?':r-icy' -;.�-,,.... ..:•.. :is - ' The ballast shall be mounted on a prewired tray with a quick dis- connect plug and removed by loosening two captive screws. HID bal- • ,aka•„? ;'4`i•'.l4�w�'�ir .�•':''::'''`� �� ,f°' <+: �.., lasts are high power factor, rated for-30°F starting. Sockets are medium base, pulse rated porcelain. Ballasts are multi-tap,wired at the factory for 277 volts. OAL MODELS INSTALLATION& MOUNTING DIMENSIONS:17"/430MM x 24"/610MM DIA. The fixture shall be attached to the arm assembly with three stain- IP=65 EPA=1.64 WEIGHT=30LBS. less steel bolts.The connection shall be sealed with a silicone com- pression gasket. The post top- PM-version shall slip over a 4'/100mm pole or tenon, and be secured with six stainless steel set screws. FINISH Fixture finish consists of a five stage pretreatment regimen with a _dY;::r.;;:::•::;. .::::: polymer primer sealer, oven dry off and top coated with a thermoset Ti >�,,�,;;;;•••:.;:... •' super TGIC polyester powder'coat finish.The finish shall meet the AAMA 605.2 performance specification which includes passing a 3000 hour salt spray test for corrosion resistance. CERTIFICATION The fixture shall be listed with ETL and U.L.for outdoor, wet loca- - tion use UL1598 and Canadian CSA Std. C22.2 No.250. IP=65 WARRANTY Fixture shall be warranted for three years. Ballast components GR3- GR5 MODELS carry the ballast manufacturer's limited warranty. DIMENSIONS: 16"/405MM x 24"/610MM DIA. IP=65 EPA=1.64 WEIGHT=3OLBS. •ARCHITECTURAL AREA . L I G H T I N G 14249 Artesia Blvd / La Mirada, CA 90638 714 994.2700 / fax 714 994.0522 / www.aal.net Ref:UCMBJ_H.pdf copyright 203,design patented UNIVERSE COLLECTI*m UCL BEL(H) DATE .TYPE UCL BEL FIXTURE OPTICS BALLAST COLOR HOOD 1 2 3 4 PAGE 1 OF 2 OPTIONS ARM POLE 5 SEE POLE 6 ARM SECTION 7 1 OPTICS 4 HOOD FINISH - OPTIONAL ❑ H2 Type 2 horizontal reflector,flat glass lens ❑ COP copper shade ❑ H3 Type 3 horizontal reflector,flat glass lens ❑ STS stainless steel shade ❑ H4 Type 4 horizontal reflector,flat glass lens The natural copper an inless steel hoods are ❑ H5 Type 5 horizontal reflector,flat glass lens unfinished to dA op a patina over time.All hoods for the OAL and GR3 5 have the underside of the hood finished In high 2 BALLASTS ref ance white. ❑ 175 MH metal halide 120/208/240/277 volt 5 OPTIONS ❑ 250 M H metal halide 120/208/240/277 volt ❑ FLD LDL-lightly diffused finish on flat glass lens ❑ 400 MH metal halide 120/208/240/277 volt for refisctor models. Use clear,ED-28 lamps,mogul base lamps.Use ❑ HSS House side shield for reflector models. ED-28 pin oriented lamps only for the reflector models. Lamps are not Included. ❑ QRS Quartz restrike controller and socket for a T-4 mini-cand halogen lamp,maximum 150 All ballasts are factory wiled for 277 volts. watt,reflector models only. ❑ 150 HPS high pressure sodium 120/208/240/277 ❑ OL Socket for a T-4 mini-cand halogen lamp Must be field wired to a separate 120 volt ❑ 250 HPS high pressure sodium 120/208/24DI277 circuit.Max. 150 watt,reflector models only. ❑ 400 HPS high pressure sodium 120/208/240/277 ❑ PSB Pulse start ballast for 175MH,25OMH and Use clear,E-18 lamps,mogul base lamps.Lamps are not included. 40OMH(120/20a/240/277 volt)metal halide All ballasts are factory wired for 277 volts. lamps.175MH lamp Is not available for horizontal reflector units. 3 COLOR ❑ 347 120/240/347 volt ballast for HID lamps. ❑ WHT white powder coat finish ❑ PMS Pendant mount with 48'/1220mm stem and ❑ BLK black powder coat finish canopy with swivel.The stem and canopy ❑ DGN dark green powder coat finish are painted same as fixture. ❑ DBZ dark bronze powder coat finish ❑ GALV galvanized powder coat finish ❑ VGR verde green powder coat finish ❑ CRT corten powder coat finish ❑ MAL matte aluminum powder coat finish ❑ LGY Ilght grey powder coat finish ❑ ATG antique green powder coat finish ❑ RAL# �_ J ❑ CUSTOM: I`.�U11P`� �t'A. JOB NAME: SOLD TO- PO# Approvals •ARCHITECTURAL AREA LIGHTING 14249 Artesia Blvd / La Mirada, CA 90636 714 994.2-700 / fax 714 994.0522 / www.aal.net Ref.UCLBEL_H.pdf copyright 2003,design patented UNIVERSE COLLECT100 UCL BEL . PAGE 2 OF 2 HOUSING The fixture ballast housing shall e one piece cast aluminum. I he hoods shall be heavy gage spun aluminum with hemmed edges for added rigidity. All internal and external hardware shall be stainless steel. Reflector models shall consist of a die cast aluminum doorframe ;:•,;.:•. -.~'':::„ , and ring assembly.The hood ring assembly shall be fully sealed with a molded silicone gasket. The door frame-shall be hinged to the ring and opened with three captive fasteners for relamping.The tempered :'• � �:':':•..:.:.. . . ...:.....;..;..:;. .. _ t .. flat glass lens is held in the doorframe with a molded silicone gasket. Opal acrylic lens- OAL- shall consist of a molded opal acrylic lens and an aluminum frame. Three captive fasteners shall be loosened to turn and remove the lens for relamping. HORIZONTAL REFLECTOR MODELS OPTICAL ASSEMBLY DIMENSIONS: 22"I560MM x 307760MM DIA. The reflector module shall be composed of faceted, semi specular IP=65 EPA=3.0 WEIGHT=38LBS. anodized aluminum panels rigidly attached in an aluminum tray.The reflector shall be easily removed by loosening four screws and lifting it out the tray.The reflector tray shall be rotatable on 900 centers for orienting the light distribution. The reflectors shall meet ANSI-.IES standards for full cutoff reflector systems. ELECTRICAL The ballast shall be mounted on a prewired tray with a quick dis- :`;,I'c';;;;• connect plug and removed by loosening two captive screws. HID ball- ,,: ..: . lasts are high power factor, rated for-30OF starting. Sockets are mogul base, pulse rated porcelain. Ballasts are multi-tap, wired at the factory for 277 volts. �• : .:,�_.::; ;` ..,: �;j3x�:.:;;`:='{:;�; INSTALLATION &MOUNTING The fixture shall be attached to the arm assembly with three stain- less steel bolts.The connection shall be sealed with a silicone com- pression gasket. OAL MODELS The post top- PM-version shall slip over a 47100mm pole or DIMENSIONS: 25"/635MM x 30"1760MM DIA. tenon, and be secured with six stainless steel set screws. IP=65 EPA=3.0 WEIGHT=38LBs. FINISH Fixture finish consists of a five stage pretreatment regimen with a polymer primer sealer, oven dry off and top coated with a thermoset super TGIC polyester powder coat finish. The finish shall meet the AAMA 605.2 performance specification which includes passing a 3000 hour salt spray test for corrosion resistance. CERTIFICATION The fixture shall be listed with ETL and U.L.for outdoor, wet loca- tion use, UL1598 and Canadian CSA Std. C22.2 No.250, IP=65 WARRANTY Fixture shall be warranted for three years. Ballast components carry the ballast manufacturer's limited warranty. ARCHITECTURAL AREA LIGHTING ' 14249 Artesia Blvd / La Mirada, CA 9063E 714 994.2700 / fax 714 994.0522 / www.aal.net Ref:UCLBEL—H.pdf copyright 2003,design patented it r c � � � I - ' j r i, . Il�t , - ❑�-= f ' I. - r .'1 21 Ml - - j f { C7 ;. g r. /— I �. �'^_�� , • ,,•+ , , '` I�1 f'V III T7 tT7�'i47'r'l'R''7"r7'Tt'*YTYTY T?. 2-2"x 6"Lintel,2'spacing Detail A � i I N + '++• -f N F - 4"x 4"knee brace Dapped I"each side 4 2- I OM thrNknotched 2-2"x 6"Lintel N Detail A notes: 1 -Outer 2"x 6"lintels dapped lOm galvani 2'_p�� 4"x 4"Knee brace c 1'x 6"&mitred end. � 2-Inner 2 x 6 lintels dapped 1 x5 &knotched together half depth,square end. 6"x 6"Post3-6"x 6"post dapped 1'x 6"all round at top.4-4 x I OM lagscrews outer faces,2 x 10M orkne Lagscrews inner faces. DETAIL 'A' 12'-o" POST&LINTEL CONNECTION ELEVATION TYPICAL ELEVATION KNEE BRACE DETAIL t— 3/4" 1" ' �6"x 6"support post A_ I/4"StcCi pinlC Ridge:2-2"x 6" 2" �f Prime coated bolted together. Anchor bracket 6° 3/4" g (see separate detail) 3" 1-1/4" 1—I- �j�lll 11 12"dia cone.pier 20 Mpa 3/4 5„ 2" *--Lintel:2-2"x 6" :; !' minimum,to suitable punch for �pfE88rpN • bearing.Depth 6.pl bolts 2"x 6"@ 24"c/c .• extend below local- 6ptaccs joists with bird's mouth frost line. &hurricane clip • ' K0.P.HOWDAY E ! connection to lintel PIER CONNECTION BRACKET a (typical) QtL Z00 i P ��'t'ce of dt►t�' , ROOF FRAMING PLAN POST & ANCHOR DETAILLiMESTONETRAIL f r ECHOE 12 - CONSTRUCTION DETAILS Limestone Trail Company Limited . 4696 Christie Drive,Beamsville,Ontario LOR 184 Prepared by K.A.Holliday P.Eng. Drg# Rev ----^ •� �..�n_�> ..nn�c�aac�.� MAisan_d'etre Prottertie Ltd.June 2003 E12/CD ,;. I i tY/ ;Er Y } L i ' jo 16 ■ ...t a 4 `4 r • i .. - •"Y��� f.Y��•�a�.�v� Fj r•TM �rn•t� r �t4 CAMD NULYANN��Gl MATERIALS • of • • • rLOWE-5 I w.jk �,: ��: 'v d • .� C'� 0 o a. �, .. •- o' � � °, ,�^,.� -_�--�-- - - - ,�_ - _ � � r �. i oal U � Q a • 3-3 7 Ov 13 CI OF BOZEMAN AUG 23 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMEW dV Alfred M. Stiff Professional Building phone 406-582-2260 •� 20 East Olive Street fax 406-582-2263 es ' P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozemon.net August 22, 2005 Philip Saccoccia,Jr. 991 East Beach Pass Christian, MS 39571 Re: Lowe's CUP/PUD #Z-05128 On Monday, August 15, 2005 the City Commission conditionally approved the modification to the Saccoccia Planned Unit Development Conditional Use Permit for a Planned Unit Development to include an additional relaxation to allow a relaxation from Section 18.40.180.B Limitations on Size of Retail Stores to allow the Lowe's store to exceed the 75,000 square foot maximum floor area for a retail building. •The proposal was evaluated against the review criteria and requirements of the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The City Commission's decision was based on the fact that, with conditions, the proposal will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Unified Development Ordinance and the adopted Growth Policy. The decision of the City Commission is final. The conditions of approval are as follows: 1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD. 3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe's building. Parking in excess of 75% of required minimum number of spaces for future uses lying north and south of the Lowe's building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process,upon adequate demonstration of need. 4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into moduies, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a maximum of 75,000 square feet and each sub module erestricted to a maximum of 40,000 square feet in size qr modulation could be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the structures. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration . neighborhood coordination 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. 6. A color P P palette and materials sample board shall be submitted with the Final PUD Plan. 7. The pedestrian corridors within the Lowe's parking lot shall be modified to provide sidewalks on two sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the structures shall be illustrated in the final development guidelines. 10. Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. 11. The metal siding and roof shall be a non-reflective color and finish. 12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. 13. The storm water ponds shall be designed as open, landscaped features that are lined with native grasses • and indigenous plants. 14. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study,prepared by qualified professional(s) that contains, at a minimum: a) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b) a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal,will have in the area; C) a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d) a report on the additional costs of public services and facilities caused directly or indirectly by the project,and the impacts on the ability of the City to provide municipal or governmental services; e) a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; f) a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; g) a report on the impacts.of the project's,approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of th� effects of the project's approval on wages and benefits of existing businesses; and Page 2 h) a report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the • analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impacts. In lieu of such a report the applicant may. at the time of opening, contribute $100,000 to the Gty's affordable housing account. In addition, the applicant shall contribute $200,000 a year for two years (for a total of $400,000) to be used for mitigation of potential socio- economic impacts. 15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. 16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase 1. The road shall be improved to a three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. 17. Tschache Lane shall be extended to the eastern boundary of the subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. •18. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. 19. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. 20. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe's, but prior to construction of phase II. Identified Code Provisions a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing aL of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Perrrrits will not be issued until the Final Site Plan is approved. c. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls,fencing or • plant materials. Page 3 • • d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the final site plan submittal. A photometric lighting plan shall be submitted with the final site plan to ensure compliance with Section 18.42.150.D. e. Section 18.42.170.requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. f. Section 18.46.020 requires compact parking stalls to be clearly identified with a,_sign permanently affixed immediately in front of each space containing the notation "Compacts Only." g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. j. The FSP shall be adequately dimensioned. k- A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to • remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Note: A C factor of 0.20 is required by the COB design standards for open land, not 0.30 as used in the calculations submitted. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 1. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb,,gutter &sidewalks) prepared by a Professional Engineer t`PE) shall be provided— to and approved by the City Engineer. Water and sewer plans shall also be approved by 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. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent construction. • m. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Page 4 Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. n. 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 edge of easement. o. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. p. The location of existing water and sewer mains shall be .properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". q. The drive approach 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. r. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. s. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. t. The Montana Fish, Wildlife &Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. u. All existing utility and other easements must be shown on the FSP. v. Adequate snow storage area must be designated outside the sight triargles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. x. If construction activities related to the project result in the disturbance of more that 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of I acre or less if the point of discharge is less than 100' from State Waters. �. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the Page 5 infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. construction activities shall comply with section 18.74.020.A.2. of the Unified Development z. Allp y p Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at anytime during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. aa. Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10'from all trees including landscape islands. The property owner must comply with all provisions of the Bozeman Municipal Code, which are applicable to this.project prior to receiving Final Site Plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in anyway, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. A narrative and Final PUD Plan addressing all of the conditions of approval and the code provisions must be submitted within 1 year, by August 15, 2006. Please call me if you have any questions regarding the conditions of approval or the final site plan review process. Respectfully, f` Jami Moms Associate Planner JM/jm CC: Susan Swimley, 1800 West Koch Street,Bozeman,MT 59715 Lowe's HIW,Attn:Jack Mandel, 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008 Morrison-Maierle,Inc., 306 West Railroad Street,Suite 105,Missoula,MT 59808 • Page 6 ! Ln L CD cn 0 0 • Lowe's HIW PUD Response to Contns of Approval • Lowe's CUP/PUD#Z-05128 Response to Conditions: 1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. The entire length of the trail along Walton Stream/Ditch shall be constructed as shown on the Final Site Plan (FSP) and construction documents. 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD. The trail along the western property line from Baxter Lane to Tschache Lane shall be constructed as shown on the FSP and construction documents with Phase 1 of PUD. 3. Only 75% of the required minimum parking will be permitted as on-site surface parking for the future uses lying north and south of the Lowe's building. Parking in excess of 75% of required • minimum number of spaces for future uses lying north and south of the Lowe's building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. Legal documents, including the Easements, Conditions, Covenants and Restrictions (ECCRs) and Owner's Certification of Acceptance of the Conditions and Restrictions are included with this Final Site Plan and Final PUD application package. These documents legally bind future developers of the lots. Both documents are included under the ECCR's tab to the aforementioned condition restricting parking on Tract 2B3 (Lot 2) and Tract 2B2 (Lot 3) of this project. 4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a minimum of 75,000 square feet and each sub module restricted to a maximum of 40,000.square feet in size of modulation could be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the • structures. Page 1 of 12 Lowe's HIW PUD Response to Condi ns of Approval 9 • Four detailed elevations are provided in Tab 4. The elevations depict how the Lowe's building has been broken up to have the appearance of separate modules. The west elevations is modulated by the use of various canopies and design features. On the south side, the garden center includes pilasters to break down the overall scale. The gabled features on the north and east side of the building are projected sixteen (16) feet back on to the main roof to give a sense of depth and modulation. In addition, the "stepped" features have return walls projecting four(4) feet back on to the main roof for visual depth. These are the building design changes that took place during the final DRC and DRB meetings. In addition, the roof elements have been added to the site plan for clarity. 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. Four detailed elevations are provided in Tab 4, showing all materials and colors and the number of modules. 6. A color palette and materials sample board shall be submitted with the Final PUD Plan. A color palette and materials sample board will be included with the Final Site Plan package. For reference, a color image of the palette and sample board is included as Tab 6. 7. The pedestrian corridors within the Lowe's parking lot shall be modified to provide sidewalks on two, sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. The pedestrian corridors were modified to meet this condition of approval. Please reference the Final Site Plan located in this binder. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. All pedestrian crossings within the internal parking lot of Lowe's are identified as scored and pigmented concrete. The specified color is medium beige and the specified pattern is Bomanite "random stone"or approved equal. A cut sheet for this pattern is provided in Tab 8. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the structures shall be illustrated in the final development guidelines. • Page 2 of 12 Lowe's HIW PUD Response to Contns of Approval • All benches, picnic tables, bike racks, gazebos and display areas are designated on the Landscape Plan. Details of these amenities can be found in the attached Development Guidelines or the Saccoccia PUD Development Guidelines. 10. Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. Construction details of the gazebo and display area are provided by the manufacturer, Limestone Trail, and illustrated in the Development Guidelines. 11. The metal siding and roof shall be a non-reflective color and finish. The metal siding and roof materials meet this condition and are included in the color palette and materials sample board provided in Tab 6. 12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. • The storage area (also known as the Staging Area) details can be found on Sheet A-7.1 within the building plan submittal and also under Tab 12 of this document. Fencing materials are either metal wall panels that match the building or black tube steel fencing. A separate fencing material sample board depicts the black tube steel fencing, opaque fabric screen, security mesh and chain-link fabric. It is understood that chain-link materials are not allowed. However, chain- link and security mesh are required as a part of Lowe's Loss Prevention plan. In order to maintain a secure surrounding and meet the aesthetic requirements of the City, an opaque fabric screen will be installed in front of all chain-link and security mesh. The material board will demonstrate the design intent. An image for the material board is located under Tab 12. Cut sheets for the.trash compactor are also provided under the same tab. 13. The stormwater ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. A stormwater detention pond is designed to incorporate landscape features and native grasses. This design is illustrated in the construction drawings for this project located under Tab 13. 14. The applicant shall agree to an economic impact study, paid for by the applicant and completed • by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development.. Unless otherwise provided, such Page 3 of 12 Lowe's HkrI PUD Response to Congns of Approval 9 information shall include an economic impact study, prepared by qualified professional(s) that contains, at a minimum: a. A report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b. A report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; c. A report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d. A report on the additional costs of public services and facilities caused directly or indirectly by project, and the impacts on the ability of the City to provide municipal or governmental services; e. A report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; f. A report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; g. A report on the impacts of the project's approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an • analysis of the effects of the project's approval on wages and benefits of existing businesses; and h. A report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impact. In lieu of such a report the applicant may: at the time of opening, contribute $100,000 to the City's affordable housing account. In addition, the applicant shall contribute $200,000 a year for two years (fora total of $400,000) to be used for mitigation of potential socio-economic impacts. In lieu of the necessary reports concerning adverse impacts, Lowe's agrees to contribute a total of 500,000 dollars to the City's affordable housing account. In accordance with the condition of approval, 100,000 dollars will be provided at the time of store opening and 200,000 dollars a year for two years on the occupancy anniversary will be due and payable to the City of Bozeman. 15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.D shall • be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Page 4 of 12 Lowe's HIW PUD Response to Condtns of Approval Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. The Renewal Plan, identified as the Vacancy Mitigation Plan, is included with this submittal under Tab 15. This plan was approved by City Commission on June 5th, 2006. A copy of the financial guarantee in the amount of 25,000 dollars is included under Tab 15. 16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to the three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. Baxter Lane will be improved from the eastern boundary of this subdivision to 19th Avenue to a three lane collector standard as shown in the construction documents. 17. Tschache Lane shall be extended to the eastern boundary of this subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. Tschache Lane will be constructed to the eastern boundary of Lot 1 under current phase. Tschache Lane to be constructed to match existing roadway section as demonstrated in the construction documents. A copy of the proposed road extension is included under Tab 17 of this binder. 18. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. Lowe's agrees to pay for the work related to the signal at 19th and Baxter in the amount correlating to Tract 2B1 of COS 1215G. A copy of the check in the amount of 1,493.60 dollars is included under Tab 18. 19. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. Lowe's agrees to pay for the work related to Baxter Lane Sewer Main Extension in the amount correlating to Tract 2B1, of COS 1215G. Copies of COS 1215G as well as Exhibit B, showing the overlap of the sanitary sewer payback area, are included in Tab 19. Please note that a minor subdivision is not proposed for this project. Instead, a boundary realignment via a • certificate of survey was utilized. A copy of the check in the amount of 11,424.18 dollars is included under Tab 19. Page 5 of 12 Lowe's HIW PUD Response to Con'dOns of Approval 0 20. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe's, but prior to construction of phase II. It is acknowledged that a traffic impact analysis will be approved by the City Engineering and MDT prior to construction of each phase. It is further acknowledged that the TIA shall be updated subsequent to the opening of Lowe's, but prior to construction of phase II. Identified Code Provisions: a. Section 18.36.060 requires the applicant to submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. The applicant will submit seven copies of the Final Site Plan within 1 year of preliminary approval. b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. The applicant acknowledges that a building permit must be obtained prior to work and must be obtained within one year of Final Site Plan approval. c. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls, fencing or plant materials. Exhibit A-2.0 Exterior Elevations has been modified to include roof top mechanical equipment in dashed lines. It is understood that screening of RTUs is an issue. Most of the RTU's are shielded by building parapets. Some RTU's appear unshielded in elevation, however, actual visibility of the units is limited due the setback from the roof edge and the varied topography of the site. Ground equipment is shielded by screen walls and/or fencing with opaque fabric. Site line studies of RTU's can be provided if required. Page 6 of 12 Lowe's HIW PUD Response to ConBTR'ons of Approval 0 d. Sections 18.42.150 requires a lighting plan for all on-site lighting including wall-mounted lights on the building must be included in the final site plan.submittal. A photometric lighting plan shall be submitted with the final site plan to ensure compliance with Section 18.42.150.D. A lighting plan showing all on-site lighting including wall-mounted lights will be included in the FSP package under Tab D. e. Section 18.42.170 requires the trash receptacles to be appropriately sized and located for the specific as approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan, indicating the location of the trash enclosures, dimensions of the receptacles and enclosures and details of the materials used, shall be sent to and approved by the City Sanitation Division (phone: 586-3258) prior to final site plan approval. All trash receptacles and recyclable containers will be appropriately sized and located as approved by the City Sanitation Department. Trash enclosure details are provided on Sheet A- 7.1 located under Tab 12. Cut sheets for the trash compactor are also provided under the same tab. f. Section 18.46.020 requires compact parking stalls to be clearly identified with a sign permanently affixed immediately in front of each space containing the notation "Compacts Only". Compact parking stall signs will be installed where necessary as development occurs. In the case of Lowe's, no compact parking stalls are proposed in the parking lot due to the nature of the vehicles commonly found at Lowe's H1W. g. Section 18.48.050.C.2.a.(2) requires all parking lots located between a principal structure and a public street to be screened from the public street. All parking lots located between Lowe's and public streets will be screened with landscaping. See the Landscape Plan tab for exact details. h. Chapter 18.52 requires the review and approval of a Sign Permit Application prior to the construction and installation of any on-site signage. It is acknowledged that a sign permit application will be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section . 18.52 of the City of Bozeman Zoning Ordinance and the approved Development Guidelines. Page 7 of 12 Lowe's HIW PUD Response to Condins of Approval • i. The final landscape plan shall be signed and certified by a landscape professional as outlined in Section 18.78.100. A Landscape Plan is included under the Landscape Plan Tab. Upon comment from the City, the plan will be finalized with the signature of a certified landscape architect. j. The FSP shall be adequately dimensioned. Adequate dimensions are provided in the FSP. Refer to the Final Site Plan Tab. k. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. Note: A C factor of 0.20 is required by the COB design standards for open land, not 0.30 as used in the calculations submitted. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. A Stormwater Drainage/Treatment Grading Plan is provided as part of the construction drawings SW-1, SW-4 and SW-5. A C factor of 0.20 was used for calculations. See Tab K for the required stormwater easement exhibits. A Storm Water Maintenance Plan is included under Tab K of this submittal. I. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter& sidewalks) prepared by a Professional Engineer(PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicants shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar, record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure • improvements unless all provisions set forth in section 18.74.030.C.1.b are met to allow for concurrent construction. Page 8 of 12 Lowe's HIW PUD Response to Congns of Approval • acknowledges this condition. Professional Engineering services will be provided The applicant g g by the applicant for construction inspection, post-construction certification, and preparation of mylar record drawings. Refer to Tab L for letter certifying engineering services during construction activities. Concurrent construction is proposed in accordance with section 18.74.030.D. Criteria documentation is provided under Tab L including fire and liability insurance, payment and performance bonds, and copies of the Irrevocable Offer to Dedicate. m. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. The applicant acknowledges that plans and specifications for the fire service line must be provided and approved prior to construction. Fire service line details can be found in the construction drawings for this project. Reference document in Tab L. n. 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 edge of easement. Water and sewer main easements have been revised to a minimum width of 30 feet and at least 10 feet separating the pipe from the edge of the easement. Refer to Water and Sewer Easement Exhibit in Tab N. o. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Refer to the FSP Tab for the location of sewer and water services. Approval of the water and sewer services will be completed prior to construction, by the water/sewer superintendent. p. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". The locations of all existing water and sewer mains as well as fire hydrants, both existing and • proposed, are clearly depicted on the FSP. Page 9 of 12 Lowe's HIW PUD Response to ConaRfons of Approval • q. The drive approach 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. The drive approach is designed in accordance with City standards and is depicted on the FSP. The approved City Curb Cut and Sidewalk Permit is located under Tab q. r. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Sidewalks will be built to city standards unless shown otherwise on the approved construction documents. s. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the FSP. It is acknowledged that curb details and asphalt paving section details shall be provided and approved by the City Engineer. These details are provided in the construction documents. t. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310,404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. Permits from the Montana DEQ, City of Bozeman Engineering and Army Corp of Engineers are located under Tab t of this binder. No permits were required of FlNP. u. All existing utility and other easements must be shown on the FSP. Refer to the Certificate of Survey in Tab 19 for existing easements. All other proposed easements can be found at Tab K and Tab N. v. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Adequate snow storage areas have been provided on site and are depicted on the FSP tab..No • storage area easements for neighboring properties were needed. Page 10 of 12 Lowe's HIW PUD Response to Csons of Approval • w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. All sight triangles are free of any plantings which might obscure vision within the sight triangles. Refer to the Landscaping Plan Tab. x. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, and erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters. Erosion control plans are addressed in the SWPPP and shown in the attached construction documents, SW-4 and SW-5. A MDEQ, SWPPP and NOI are submitted to the State. y. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. All construction traffic will utilize public roadways such as Baxter Lane and Tschache Lane with access through Sacco Way. A construction route map was approved by City Engineering and 1s included under Tab y. z. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. The applicant agrees to this condition. Refer to construction documents. aa. Water and Sewer mains shall be located such that they maintain a minimum clear distance of 10' from all trees including landscape islands. All water and sewer mains have been located a minimum of 10' clear distance from all trees including landscape islands where possible. Due to the need for mains to traverse.the site some Page 11 of 12 Lowe's HIW PUD Response to Coons of Approval landscape islands have been crossed at a perpendicular angle and plantings moved reducing the mains exposure to roots. Page 12 of 12 • o 1 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • � � 2 • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • 3 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • 4 r Oa REVISIONS • , o� 6'-0• _ 6•-0• 12'-0 t2•-p• DATE �R OESCRRTION WIDE GTE ME WE ... WIDE DATE WIDE WE A]. •ARCHITECT: MITCHELL C.SMITH 4 75 SIDES SIDES ---------------� r-- -, r---------------, r------ -------- - 1 I I NDiC ELEVPFOR NOTE WIRE FABRIC I I I I I I METAL PANEL TO 11 NOTE E LVATgN NO E:WIRE FABRIC 11 I I u 5GE LOOMNL OUf NOT SHOWN FOR I I I I I I MATv 6UILOINO I U I wSGE'GORING OUT NOT SHOWN FOR LA I U I LUJ CLARITY. LUJ LUJ LUJ LUJ L J CLARITY. L J GATE ELEVATION AT NO C SECURI Y FENCBG SCREEN WALL AT NOTE:SECUflITY FENCING $ TRASH COMPACTOR FABRIC ro covER WTES 7 GATE ELEVATION AJo G STAGING AREA FABRIC i0 COVER W1E5 0 xlMe V vr•ta .a0 0 0 i - FORMER `,\•I II. Eu '7 2006 EGNIPMENT ARE r- (^ DEPARTMENT OF PLANNING - • PA6R 0'-0•WIDE. 12'-0• I AND COMMUNITY DEVELOPME p@ I HIGH TUBE STEEL GATES W/OPAOUE FABRIC SCREEN F B (BEHND) PRE-FINISHED METAL _ GENERATOR I —————————` BUILD NG(LCONNC)TO MATCH I FENCE•NIGH TUBE STEEL STAGING AREA i FENCEN] W/OPAQUE FABRIC rgFATEG 2•t2 CO , SC i SCREEEN(BEHIND) 5 ELEVATION A.xe EQUIPMENT AREA PAIR -0 WOE,IZ'_0 10 AB $J3 ENLARGED PLAN W/O T°UE STEEL WTE$ I ewF""°AYAMB 6U E wl ....... ............... / J W/OPAQUE FABRIC SCREEN CAROBAD.CA•IDOe SCa£ 1/9••t'4 A-1.0 j (BEHND) _ _ I CONT.SEALANT(BOAR ]60,80F.SSW N)]60.91e.Btuffl SIDES M.) SCREWS 0 3•MASONRY rAP CONN. 12'-0•HIGH METALPANEL I (STAGGERED)6"O.C. TOP RAIL i ____SCREEN wai. -\\/, 1_................................. _ RJ EEG ,STAGING ARFA I 12-(B'r16"SMOOTH FACE L I I ( I CMU(TOP COURSE ONLY) N 1/8-WEEPS AT 2 I I E.L. Lu CENT.t PIATE- T PpSi SECURE TO POST HSS 6%6 W/TOP a.SUPC C3 a 3%1/4%0'-3•CUP I-WELD i STAGING AREA I _ SPUT- POST-VERAT BOTTOM"T.LEG DOWN AIL TG ENLARGED PLAN CMU6(SEE A2.0 FORCE O PUT PLAN 3� 4 SCALE: IR'•1'JT MI.O COLOR) FASTENERS TO FRAME TRASH COMPACTOR HSS 6%6 THIS 9DE SIDE RAIL CI 1/2 X 1 1/2%1/4 (A SIDES Or FRAME) JOINT SEALANT OVER 1/2• EL•P,JOINT FILLER PAIR 6'-0•MOE.12'-0• PAIR 6'-0•WOE. 10'-0• METµ SIDING ROM HIGH TUBE STEEL WTES HIGH TUBE STEEL WTES MC 12 X 10.6•%• VERT.META,SIDING(SEE W/OPADUE FABRIC SCREEN W/OPAQUE FABRIC SCREEN PATTERN-WE lO Tp A-2.0 FOR COLOR) (BEHIND) (BEHIND) FRAME-CUT MO. PAVEMENT-REFER TO (n FLANGES AT CROSS 12'-0•HIGH TUBE STEEL 1 I 7 .,0 I C� z A 1CREE HIGH MASONRY FENCE W/OPPpUE4"�� T/ I SCREEN WALL to•DIA BOLLARD 9 u METµ H DING TRIM W/ SCREEN(BEHIND) I I I '` �A'-0•NOR (- WEEP HOLES NSS 6%6 NON-CORROSIVE SPACERS I , a H BOTTOM RAIL " I I = — — _ STRUCTURAL E _ 1/B•WEEPS AT 24' f__ ____________,lj -..: .. $LONE WSE.SE J) zBOTTOM RAIL o.c.MA%. r---------� I - II I- (= II Eq z rRASH couPAcroR _ _l�n-RI: _�-[1z 4 _.JI �' 3 --------T-`_ I P U7 =11 llll ! ZI I I I - -----------'13 -L .- .,.. I- a ¢ O Q Z _ ......i z w �a FOR FOOTING SIZE AND W w c III�111-III-III A LAID _ _ RUNF.SEE STRUCTURAL w W N W I,III—I I—I I—I —I I—III—III—I PHIGH TUBE AIR WOE,CATES to-o' I W_ L U Z >' O N G i-- NOTE' W/oPAOVE fABEPo SCRECH co I-1I I-III-I I III-III-I11-11 I I WTES WILL RE DIRE DROP (BEHIND) I (n a _j m co 7rI' •''..••1 iTT �'T 11 III 111-�- I I—III III-11 O OPEN ANO GR O ND SLEEVES 11; .I mI I I InI I I..,.I I�.I I I;l l lm1117 _ 9 ORIGINAL '1—III—III- -111—I I-1 I PpyRONS. 111SUEDAM' 03.01.05 SET SCREEN WALL AT I6SUEEArE: 12.29.05 TRASH COMPACTOR TRASH COMPACTOR CONSTRU`TmNSET 1 SCREEN WALL AT 2 ENLARGED PLAN MD 1 SCALE v.- o Ax.O ORAWt ISSUE WTE:NG NUMBER: 3 STAGING AREA w20 A-7.1 FOR FINAL SITE PUN . Insect Screen Vinylmesh- Wire Cloth-1 VIBRATING SCREENS •• STRIPS. Vibrating Screens STYLE M-1—H ked Edge STYLE M s square Square a Stainless Steel WthautReinforclnp Typewnhlnseds • Slotted a Plain Steel Lock CrimpProvides accurate screen openings for Woven • Formed or Plain Ede n ' 9 �TYCE6f•'�-Re v life of the screen.Used when plain weave will not Hook hold accurate openings. " P Plain Weave-Openings are square and wire sizes ,; welded on Ed e ! are the same in both directions.Each warp wire passes aftemately over and under Shute wires at right sideview 1 sideview 1 L iks E m-- Pieee1 �J angles both directions.Standard weave used for wire 1 / cloth.(Sometimes called Double Crimp). - ;• Intercrimp LOCK CRIMP WEAVE PLAIN WEAVE Used in larger openings with light wire to 'r 4 ,STYLE ENT N;yagokled Edge ! provide greater stability,tightness of weave and maxi- PI Piece H g mum rigidity. x Hooks are furnished Ca (sfdt NI Flat Top Weave-Flat surface improves flow of mate- galvanized unless rials over screen panels b reducing friction.Provides - otherwise specified. STYLE M-"anded Plate STYLE M-6—Welded Edge Wire P Y 9 Welded Insert more wearing surface than other weaves.Locking CIOSB-UP view Of Hook Screen edge. weave assures accurate openings to provide uniform grating and screening efficiency. Screens for sizing and straining can be furnished by sideview 1 s'xleview 1 McNICHOL.S with any style of edge preparation or hook WIRE CLOTHOUICK REFERENCE GUIDE: HOOKS/SCREENS Ste Clear aka TN Lock Weave-Ideal for working strip,ready for Installation Into any type equipment. Hook/Edge Type Recommended Wire Range with sticky or wet material that normally plugs square Often the edges of screens woven of heavier than.250"are M-1,M ,M-6 .312'dia.an heavier ' or oblong opening screens.TH Lock Weave holds INTERCRIMP WEAVE FLAT TOP WEAVE fabricated to hook on to the vibrating frame,similar to Styles M-2 M-5 .063'dia.to.250'dia. wire securely in place yet permits wires to vibrate (flat surface-one side only) M-1 and M-4.However,most screens made of.250'and M-3 or M-3C .054'dia.and lighter slightly to keep openings free and at peak efficiency. lighter wire have a hook strip supporting the edges similar to M-7 .192'dia.and heavier Other weaves and crimps are available-please M-2,M-3,OR M-5.Edge treatment,whether simply bent hooks M-8 .148'dia and heavier consult your Customer Service Specialist for details. or hook strips,should be specified.when screens are ordered. Absolutely square hook strips enable screens to be kept under All of the above are based on manufacturer's recommenda- greater,more uniform tension.This protects them against tions.Although it may be possible to put a particular hook style FIRM 0971116Mon a wire diameter outside of these recommended ranges,it will distortion and excessive vibration which causes metal fatigue generally result in damage to the screen or the machine. Calendering-A rolling operation which flattens the knuck- Opening-Dimension and breakage' Not an edge styles are available.. les of Wire Cloth giving it a smoother surface. between parallel adjacent FOR SPECIAL EDGE STYLES NOT SHOWN,PLEASE CALL US. Crimp-Undulations in warp and fill wires which hold each wires. Slotted Screens-On Slotted Screens,the direction of the other in place. Rectangular Mesh-Wire • • ' slot should be specified so as to 6e unmistakable.Usually the Fill Wire-aka SHUTE WIRE,wire running across the Cloth with different warp WELDED WIRE CLOTH best way is to specity"long slots parallel to 49"dimension'as width of the cloth. and fill wire mesh counts, Be sure to allow ample clearance in Example 1 below.In those few cases where the length and for tensioning:Vibrating screen. OB dimensions are the same,it is necessary to tell the direc- Fllter Cloth-Cloth used for flattening or straining(primed- which results in rectangular openings.The most common tion of long slots in relation to the length.Example 1 "long ty plain and twilled dutch Wire Cloth and certain specifica- have a higher warp mesh than fill mesh.Advantages are slots at right angles to the length'and Example 2"long slots tions of square mesh and off-count standard Wire Cloth). increased open area and reduced cost. parallel to the length." Hardware Cloth-Plain weave square mesh cloth of rela- Selvage-The finished edges of Wire Cloth running the tively light wire galvanized after weaving.(Usually between length of the roll which are produced by the weaving 1.Vibrator screens need time to seat Into place. Matel new 2 to 8 openings per lineal inch). operation. screen under partial tension without a load and allow it to Market Grade Applies to wire cloth specifications most Space Cloth Wire Cloth specifiedvibrate for a brief period of time to seat property.Then tighten by the opening size fully to proper tension.Loose Installation will cause premature Length commonly used for general work.Market grade cloth is rather than by the mesh count. breakage. made of one size wire for each size closed mesh. Square Mesh-Mesh with equal spacing of warp and 2.Bucker up or crown bar rubber strips should be checked every Mesh-Number of openings per lineal inch,measured from Shute to give square openings. time you change screens.Remember—rite rubber wears from center of wire to center of wire. Warp Wire-Foundation wires running parallel to the the bottom on the rails and wear is not always visible. t 3.Check the size of pieces being Installed.Also make sure l Micron-1/1000 millimeter,0.00003937 inch.The unit of length of the cloth. screens have hook strips parallel.Tension uniformly to main- I--<s'oHF—rj I 'OMF�I measure for particle retention of filer media. Weaves-Pattern in which wires are interwoven. rain screens in parallel. ev p ' "EinpI2 Oil Tempered Wire-High carbon steel wire that is heat Wire Diameter or Gauge-Diameter of wire used in Some shaker screens require a special fabrication to meet all e - treated to produc ood sisligilh and abrasion resistance. weaving cloth. OEM specifications.Check your screens and note them on your order. MESH GAUGEJ WIDTHS JJ#/S 01 - "Full Rolls or Cut-To-Length!" •Available in 4"x 2'WELDED .105 24',36° 48° .e 72" 33 full rolls only 2"WELDED .105 24",36,481,.e 72" .43 PRODUCT DETAILS 2"WELDED .080 24", 481,601,72' .24 Wire Width Mesh Diameter NfSF Type of Metal •Wire IS 2'x 1"WELDED .080 60°,72" .37 galvanized 1"x 2"WELDED .080 24',36',48',60' .37 1"WELDED .080 24°, 72" 49 18 x 16 .011 36',48- .05 Aluminum(Inquire) before.vinyl coated 1"WELDED .063 24',36',48" 32 1'x 1/2'WELDED 1 .063 24', 47 18 x 14 .011 36.48' .13 Stainless Type 304 STOCK /2'OPG.WELDED .063 .45 SIZES 2 MESH WELDED .063 24',MOW65 If you have other requirements than shown here,please ask us for 4 MESH .025 EM 1 The Hole Story on insect screen! HHHHHHHHHHHHHH I�F.iI 43 M CHOL ozooa -800-237-38 mcnichOIS.com Ask about Architectural ash. ---------------- _... - '-.-...- -.-• �.._. _ :.:., �� BAXTERLANE _ - - = = - - ^� - J REVISIONS __.\- - O _�F9z`�- s _ -�4745� ^ O R_eloser N BID SET �472 FINAL UE DATE_ _ y ` SITE PLAN AND DATE DESCRIPTION , FINAL PLANNED UNIT DEVELOPMENT _ FOR LOW E'S HIW, INC. 25r GREENWAY OPENSP � 4ti3p LOCATED IN SECTION1 , T2S, R/ C 5E � I �Ro OSD GALL TIN COUNTY, MONTAN,4 LOT3\ URISDICTIONAL _ -_ --�*-- ENGINEER 3 / ; MORRISO p N-MAIERLE, INC. f fO \ ��,,, i j" v 1 3011 PALMER STREET ' MISSOULA,I MT 591108 's ueN uE u+. • • APPLICANT} 33 I / f , - - 5, ~ •.- _ \ .. \ - \' �\\. ` ` _ - -' LOWE'S HIW, INC. PROF �u'. 1530 FARADAY AVE., SUITE 140 PaaEcr dETENTION �. . _ CARLSBAD.:CA 92008 aix sr PROPOSED 8 SEWER MAIN'STTJB. I is ml I w. ,�. ` �\ `,- I ,'!r i s .,.POND I. -. 4730- 1 : ..... ) I� I , r - L _ - - -E=4725 0 _ \ -INDRAINAGE'SWALE i i' �.- --4-7 - _ -_ T ^•-� _i `;.� PHILIP SACCOCCIA, JR. 23 t,. ( c DRAINAGE WALE.. ,� '�. 'I � :' I�I:I,�� :. \ 991-EAST'aFACH BOULEVARD \ ' - J PASS CHRISTIAN, MS 39571 z -DuasroN ro ` > a 1 '^: tI ,�'•`r;:`:_/ (�-- �' R-�MAIN SUB .P'RO PTOSE=.D._=SEWER WATE -.--- PR✓OM_-PA OIS-f--=$T8E,U^B.IS.IOEWNER PROPOSED WATER MAIN EXTENSION EXTENSION GASMAI N \ \/ ` LEGEND: - WEST LOIN sr. PUD OPEN SPACE 0 STREAM SETBACK 3o",RCP \ � NOT TO MAP 30, RCP REENWAY OPEN SPACE. SCALE A o _ lily \ P SS•" _ .. .. �. R, ! �:v VICINITY VC W 5 6V >. $.. i:� . sEwER'MA<jJsru6 11 \ W ( ) 5 W 10 vS ,. .: 8"� \ Fx PoGHi-OF-WAY DEDICATION 1.9 ACRES - Q OR PUBLIC ACCESS EASEMENT LOWE'S S/TE DATA 1 fr' i \ \� ,, TRAIL/SIDEWALK � 127 WATER MAIN \ w car I rn I - HD NetAcreaoe.• I _1 g _ 0 18' ;20 ,2d' I j 18" P \ :.1 \ i ',�- ESSIBLE PARKING STALL Lowe's Tract 1854 B� i10 D Baxter Tract 21.B9 e e -- _ ` cihache Lane Tmct .70 < �, \ Ts w AF1FA HANDICAP RAMP Total_. . T : � V rC FIRE HYDRANT sales FYoor 117,347S.F. a .I, T- `.,:,r ;. O/6ceArea 0,,084 S.F. �.-• I forage. f0,082 S.F .-` I ( \ \\ \\ " 04 WATER VALVE UN%tyRooms _..1,380S.F liesLbu/es.• r • •I ® SEWERMANHOLE . 1,049S.F. ✓- -A� Main Enlydnce LOWE^B HAW.INC ® STORM SEWER MANHOLE Main Exit 331 SF. r i 1 1 ! ' � l- �- "�1•- I + I \ _ ` \ - Lumber 480 S.F. 530AVE., Urt STORM SEWER INLET CARLSBAD,C FARADAY AVEA 92008 740 0 ; ; x PROPOSED I I �� � n 1 � I--- MAINBU/[OINGTOTAL 134,563 S.F.. ' - _. ORMWATER MA �I� �� I' ><I \ ,CART RETURN • _ z I '. r I \ - Garden Cenfer. 1760-804-5300(V)760.91 a 9112(F) ,� \ I: - ,.\ r• ; r. I I \ _. \ TABLES Shada Sbudures 6,388 S.F. • • \ PICNIC _ U�..\ L I \ I .,{1v I I `` / CbveredA. 6,817S.F. ram",. TINT BIKE RACK OpsnAme 18,017S.F. � I LOT1 * ' L 4" GAS MAN ` _ / - Garden Canter role/ 31,202SF. • oma" • FF=4739.0 T - I \ HEAVY DUTY CONCRETE t I \ �i I I\ ` / .. ParAlrm Requirements.- r,, •� i � \ / LOT Kim BENCHES LoNreS Padting Required. - I I i.Standard u COLORED CONCRETE WITH PATTERN I I 12 DIP- \ - ` H�W DUTY ASPHALT Handicapped 612 m I \ \�. W-WATER LINE GAS SERVICE LINE 2" D Raea=ss( rmwr9ao,r/ i 10" FIRE LINE GAS METER "I I_ I \ \- -� i '` Total Parking Required 622 `fh +.' Loca/Parh/ng Required Siandard_ OMFST� SERVICE f F / SS-SEWER LINE . ■ ■ 18" HDPE 8D � I � `" 2" IRRIGATION S RVICE IN r ' I l SD-STORM SEWER LINE handicapped �g I v D \ 1 �' I 1 \ \ _ Tota/Parking Required 44.9 MIN _ 3 I r \ LOT LINE 561 MAX IRRIGATION SERVICE OUT J I al I \ \ _ / Panning ProNded.' �] f 4735-EXISTING MAJOR CONTOUR 450 �2W-W' I 1__ I x \ ' -- - / --i _ Handicapped 12 PROPOSED SEWE ' I• I \ '- EXISTING MINOR CONTOUR Tots/ParkingPrvNded 462 S i MAIN`EXTENSION I I" I I 6" SANITARY�SEWER SERVICE I \ \ \ Ratio=3.9(spara T"srf. -4735-PROPOSED.MAJOR CONTOUR - - v. __...- ---PROPOSED MINOR CONTOUR 12"? HDPE i ®9 I -� _.IRRIGATION WELL.: , GENERAL NOTES: • • •.� __ �. .-. _ ,_,. _ _ � \ � - _ _o� ( ';I \ ,n \ /1 � / 1. BAXTER AND.TSCHACHE INTERSECTIONS ARE BOTH SIGNALIZED.2. - - - I_ w R USE BY THE PUBLIC, THE CUSTOMERS AND EMPLOYEES OF LOWE'S. LLI m 1 , o ( ' 1 4" • , »� � -_ - � `- ` -. ' I -`I \ v ~47 \� CUSTOMP05ED LOWE'S GREEN SHALL HAVE PARK FURNITURE FOR � � Y � N a I • 3. THE PORTION.OF BARTER LANE AND TSCHACHE'LANE SHOWN A5 "ROW" WERE PREVIOUSLY o GRANTED TO THE CITY OF BOZEMAN AS PUBLIC STREET AND UTILITY ACCESS EASEMENTS. 0 = J o 4. REFER TO COS 1215G FOR RECORD INFORMATION. LLJ < o / \ i,� ` )' y/ // r r.•'a �" \ / y 5. SEE LANDSCAPE PLAN FOR LANDSCAPE PLAN INFORMATION. 0 LLI Z i - Z � Q Z WR MAI5TU8 :' �, \ _ -1 6. CONSTRUCTION'ROUTES SHALL INCLUDE INGRESS AND EGRESS OFF OF BAXTER LANE AND Q Z 3 TSCHACHE LANE ONLY REFERANCE SHEETS SW AND SW-5. Ire - _ _ GRAPHIC SCALE Z ~ Z 0 0 _ "r \ m FLOOR AREA LOT SIZE IS 0 24 -1 l - G 4t�T"�.- I - / 7. TO L FOR LOT 1. 4740 81 4 L J )' 2'SDN� , .,�.•� SNOW RAG _ " / ;P (h L�1 / `` 8. REFERANCE PUD APPLICATION BINDER FOR SUPPLEMENTAL INFORMATION. W Q Z r , L0T2 \ �1_ - J t• �- \ I\fL I- LLI O Q y `-'.r lowI �. \ •'�\ / / RA CONSTRUCTION FACILITIES MAY BE LOCATED ON ANY PORTION OF THE PROJECT Cq Z - W e \` � 9. TEMPORARY PROPOSED-WATER R - " \ ,, EXCEPT AREAS DESIGNATED AS WETLAND, STREAM SETBACK OR GREENWAY SETBACK. Lu z \ TE -1 Z LLI -1 1� uo I ' -� ® LOWE'�G EEN�. f MAIN E 1 I - �", r" x I \\ LOT 1 LOT 2 LOT 3 TOTAL Z Q 0 O Q w -� ✓ SEE LANDSCAPE PLAN, TRr(L/SIDEWALK \ i GROSS AR 15.93 ACRES 0.83 ACRES 23.23 ACRES 39.99 ACRES E: d J m m a NSION PROPOSED SIGN ` \ , JI EA C**II _. PROPOSED SIN �. I _ •\ I W NET AREA 15.54 ACRES 0.70 ACRES 21.89 ACRES 38.13 ACRES • • I SIDEWALK I t - OWNERSHIP ORIGINABUILDL SIDEWALK '^+ ' - - SID ALK \ .I -',.I A'I t,0 \ 25' 1 L HIW INC. PHILIP SACOOCC JR. PHILIP SACCOCCW,JR. ISSUE DATE:224106 OPEN REQUIRED 4.66NG SIZE 5ACRES 20 D.21 ACRES 6.57 ACRES 11.44 ACRES OPEN SPACE PROVIDED 3.88 ACRES 2 D.24 ACRES 7.97 ACRES 12.09 ACRES SF PERMIT SET W P :. ISSUE DATE: `^'.`"` ••.�.'.:. CONSTRUCTION SET v GREENWAY 0.28 ACRES 0.11 ACRES 1.44 ACRES 1.83 ACRES ISSUE DATE:- i - STREAM 1 - 0.68 ACRES 0.68 ACRES ' --- - ----- -- - HAWING NUMBER /7SCHACHELANE - OTHER 3.60 ACRES 0.13 ACRES 5.85 ACRES 9.58 ACRES 0' ROW/EAS T �= 4 D SPACE NEEDED 0.78 ACRES 0.03 1.0 ACRES .64 ACRES • - - - - - - _._.-._ \ .r/-. MP-ORARY COL-DE�AZ- - -- - - _ !J) DRIVEWAYIPAVING N A F S P 6.35 ACRES N A N A � 1\ ACRES g REVISIONS N U I VI w I I M _ I y=j O Ifi6llEtDA MWEDAM N a li I OI to o Q of m O m DATE DESCRIPTION a z o: w o_ ¢N¢ LL ¢ " z ¢ t'- I z. w z rn N J f11 w w N N U W J. 0 W. W w U W W w m QN S W z w I ly A A.13 w A.35 B 6.18 w 8.41 C Q D ? w TE o "- F G z w o H J a' z K z o L 4a L34 M w z "'�yzW1 o I I c� a > m o a � > M.23N P_ > WK M JJ W J N K J Z Z J ,rj W ZO HI Q Z Q M �y Q ZO U_' O W O O m I w Ci o o: Q Q Q zo o: a Q z m J a �i Ci Q ti r i-• G'i ¢ ¢ w m I o - nU Nz U 'A m ao LL U_� trn \ m \- \. o O O O O O O N _ 1-C N xwx lyN�� Qm O 3 O U m N Y^" 7 n N w = W Q 2 a m O m W\ i 0 o O -o T.O. MASONRY I / I / / -- - FENCE HEIGHT 11'.-3" N ' : I M ty M L FENCE HEIGHT V 0 ABOVESLABARCHITH FLOOR MITCHELL C.SMITH - SEE SHT. S-1.0 CJ O" - - - .� .....JJJ����� 3 A-2.1 O10 Oj O �' 8 A-2.3 Oa RIDN 20'-8" 22'-0" 20'-0" 20•-0" 20'-D" 20'-O" 21'-4" 6 A--2. 73'-8" 23'-4" 22'-8" FRONT (WEST) ELEVATION UNE 2• 24'-8" 46-8 68'-8 86'-8'" 1D'; 126-8 - 148-0 4D1'-4 424'-8 44T-4 22'-0" 22'-0' 26'-0" 24'-0" 26'-4" 19'-4" 40'-0" 19'-4' 13'-4" 4'-0 170'-0 192-0 24 0 a O 66 4240'-0 264'-0 2953'_¢ 315-O 355'-0 374'-4 38T-8 36•-4" 20'-3" 0•-0" SCALE: 1"=20'-0" A-1.0 M 260'-3" 236_3 -. 169'-11" TO q DOWN SPOUT JOINT LOCATIONS D.S. ONLY D.S. ONLY D.S. ONLY D.S. ONLY D.S. ONLY - u na�,®..,e."Dwrtaasao�wn."ye. CJ ON I I I tproEuatlln"nyfwmwbyaynexsxpvN GRID dl w O w M z �- I •p,",,..bn.wmre�nnw�m-czmeu�a„".• LINE 1 NI a o o o M w_ in � I w z I m w O W O Z I Z Q U I N W W W W W J W I W J w 0 �z a z S a R LL O P ! N LL M.23 M L.34 ��O L w ¢ OK J H O G o F w E f D W C O B o O _ 11 O A I w w. �jM 5 \ - I I o I I o z I � o n o_ a wm a m o:a o J 0 o z W o -zol o_ z .8 �� U N N Qq x g a o �LL ww z� ; o U o Q o ' 3 �� r Q m ¢ o g a Q ri o gw o Q o Q > > > M 1= p Q o J z z o�\ 12 A- .3 0 0 Q o -2.3 �N m f > > o r,, Ai o w s O N\ U U3 O .e.) O 7 d f u m L O I'. Vi\O 00 O M Q Q O .O .7 O 1M g � O � O > OZ Q U (,1 U U U g\ 00b- U `� o U U m m < I U U m a m O mui d'• N vjOO O .fOO I O p MO O O m ^ r 3 I N a Y I N m I µ ^ O] I Y) r CD I I O ? 00 N a m m "i tO B.D. SOFFIT N T.O. MASON Y ^ \ I 32-0 26-0 NRY 0 o a, o iy o o 26-0 13/A- .D -- 15/A-5.0 14 A- .0 o a 4-FENCE HEIGHT 15 A- .D \ FEN E HEIGH I - FENC HEIGHT n / 15/A 5.0 YP. 12-0 ABOVE SLAP_ � 12 0" AB VE SLAB I I I 12- ABOVE S FINISH FLO17DG - --------� t4� 18'_D O 20 8" OtE 27-401F 21-a. r 22-0 22,-B. O._0. O OI{ 80»" IL- 18' D" IL-36' 0 rioP1 » 20'-0 " I{.22-8 I 40�2 0 I22 - -380�'-0" (1.20-0 20'-0" 20'-8" !-20'-.0 24'-8" I''�25t4�,_D» 2 •_8» L..18�-0 18'-0"" IL 18�-0"" 0"" IL20�-8"". 12' 8» LL 9U�_8 18'-8 25'-4" L20�-0" DOWN POUT& CONTROL 51 77-4 1553'-4" 535-4 51 17-4. a z d.J c.J.ONLY 463'-4 41 24'-8 I cl ,I Lv 31 59'-4 3 3 2' 98'-8 2 I 21 O5'-4 1 1� 69'-4 -4 11 33'-4 I �� I CJ.ONLY ONLYONLY C.J.ONLY CJ.ONLY 68-O 49-4 24-OJOINT OCATIONS C.J.ONLY CA.ONLY C.J.ONLY \ o C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY CJ.ONLY ` - C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY - C.J.ONLY C.J.ONLY ` 1iJ. Yr 7T -4126-8' - '-8" 116'-8" 9'-4" 8 16'-8" 5 A-2.1 NOTE 478'-0" 400'-8 381'-4" 252'-8" 228'-0" 111'-4' 92'-0" D.S.ONLY • UNDERGROUND DRAINAGE AT D.S.ONLY D.S.ONLY D.S.ONLY D.S.ONLY D.S.ONLY _ - D.S.ONLY D.S.ONLY REAR R (EAST)ST) ELEVATION ALL TRUCK WELL DOWNSPOUTS /'-� A 5.12 STEEL DOWNSPOUT COVER, PAINTED (SEE DETAIL 13/A-3.0) 4 SCALE: r=20'-D" A-1.0 FINISHES 0 5.13 STEEL C-CHANNEL 5.14 METAL WALL PANEL PF-1 SIERRA TAN OR EQUAL(PRE FINISHED) i F-1 FACTORY BLACK VINYL COATED FAB. - 5.15 METAL AWNING (2"x2"WELDED WIRE MESH) - PF 2 LOWE'S BLUE(PRE-FINISHED) 6.01 CART. - P.T. 2x10 STAINED LIGHT GRAY, MOUNTED 5"A.F.F. TO BOTTOM WITH F-2 .FACTORY BLACK POWDER COATED PF-3 STANDARD WHITE(PRE-FINISHED) 1/2"mx4" IXP. BOLTS (COUNTERSUNK) ® 36"-0.C.. T T w T z 6 N I 5 4 4 z 3 2 (SECURITY FABRIC) - (-. ) ( ) ¢ v Q �J o rn N 6.02 TELEPHONE.BOARD 4x8 SHEET PLYWOOD ® 4"A.F.F. WITH INTUMESCENT COATING ON J o o o ¢ �j w EF 1 LOWE'S MEDIUM BEIGE E.LF.S, M m T.O FRAME o y. o o L F-3 OPAQUE FABRIC SCREEN ALL SIDES PRIOR TO INSTALLATION SEE SPECIFICATION SECTION 07812. ri 34 4 z ,.g M o - EF 2 STANDARD WHITE (E.I.F.S.) 6.03 WOOD.TRELLIS _ a o z ¢ T.O. MASONRY. o Q _ Q / I O O m TS-1 BLACK (TUBE STEEL) - o � n o 0 0 29=4 U 4N i0 ,� zda w ui w 7.01 ACRYLIC FINISH SYSTEM, BY E.I.F.S. MANUFACTURER, ON SMOOTH FACED CMU WITH N w a a u7 a- =I .I z o S P-1 LOWE'S RED PAIN CMU-1 NATURAL(CONCRETE MASONRY) <TTo 0 0 NMI o T.O MASONRY o I Q T.D. FRAME ® "' (PAINT) FLUSH JOINTS. I - a O O O 27 4". T.O. MASONRY a� 34'-8" CMU-2 KANTA BROWN (CONCRETE MASONRY) B.O. SOFFIT I I I o x w n P-a STANDARD WHITE(PAINT). 7.02 EXTERICR INSULATION AND FINISH SYSTEM (E.I.F.SJ. - r B.o AWNING --28 a T.O. FRAME r m m 32-0 I 23 31-8 P-3 SIERRA TAN OR EQUAL(PAINT) NS-1 MOSSY ROCK (NATURAL STONE) 7.03 STANDING SEAM ARCHITECTURAL METAL ROOF PANEL. T.o. MAsoNRr _- _ - 1 T:o. FRAME SG-1 SUBDUED GRAY(SPANDREL GLASS) 7.04 PRE-FINISHED METAL COPING. 26-0 I Fli - - - ---- ---- -- - - ' "° (lipP-4 --- 12/A 5.0 TYP. COL B.O. SOFFIT -7.05 MEDALUON - E.LF.S. (SEE SHEETS A-2.7,A-3.1,A-3.2 AND A-3.3) 16/ 5.0 TYP. ® C.J.NA-1 NATURAL ANODIZED(ALUM.) I I 17-0 P-5 OSHA YELLOW(PAINT) - 7.06 CORNICE -ALUMINUM WITH PRE-FINISHED METAL COPING (SEE SHEETS A-2.1,A-3.1, FENCE HEIGHT P-6 MANUFACTURERS STANDARD W-1 .REDWOOD STAIN (WOOD) A-3.2AND A-3.3) 12-0 ABOVE SLA BRIGHT WHITE(PAINT) 7.07 PRE-FINISHED METAL FASCIA. 7.08 SNOW BRACKET FINISH FLOOR FINISH FLOOR NOTE: SEE SPECIFICATIONS FOR APPROVED MANUFACTURERS. UNLESS SPECIFICALLY CALLED O'-O _ _ ` -- - - - - - - 0-0 OUT, CONTACT MANUFACTURER FOR LOWE'S NATIONAL ACCOUNT COLOR FORMULAS. 8.01 OVERHEAD DOOR. ILA-2.1 ." 22••8" 260-g" 20-0" 18'-0" 18'-0" : 2T 23'-4" p'-0" • 8.02 HOLLOW METAL DOOR AND FRAME TYPICAL, PAINTED. Sim 12-0 15-0 IL 15�0 �17'-.4 IL CONTROLLOWE'S HIW,INC. KEYNOTES O 42-0 230-D 215-0 0 181 2- 1. 140-0 1 zo-O" 1 oz-0 74 -a• JOINT 8.03 ALUMINUM STOREFRONT. - 10'_0" - 1530 FARADAY AVE.,SUITE 140 1.01 8.04 AUTO-SLIDER DOOR (SEE SHEET A-6.0). 84-0" z LDDA�'DNS LEFT (NORTH) ELEVATION CARLSIBAD,CA 92008 BLOCKING LOCGE-ATIONS. FURNISHED AND INSTALLED BY OWNER BE(LOWE'S)..SED SHTS.A/3.1,3.2 FOR 8.05 IMPACT DOOR FACTORY FINISHED), STEEL TUBE FRAME PAINTED. o p M w -. ( ) N m i m 3 SCALE; 1"=20•-0" - A-1.0 780.804.5300 M 760.918.9112 F BLOCKING LOCATIONS. HORZ. POSITION OF SIGNAGE TO BE CENTERED ON z z O - (I 8.06 SPANDREL GLASS w 0 w 0 a__ _ BACKGROUND ELEMENT. - a w w w 31 I n pmTvmA�xw oe 8.07 CLEAR GLASS w w m ,tJm m Ow LL= Oz li "g 2.01 NOT USED. o w z I ® ors o 9.01 UNOBSTRUCTED PATH, AS DIMENSIONED SHALL MEET ALL GUIDELINES FOR ACCESSIBILITY z a _ - _ - p �tj O �N rn 3 y w li W J Q I���Fum 2.02 NOT USED: - z z M W W w m m I TO BE PAINTED OSHA YELLOW. x a 3 I z w _ I \ r\ I N w `8 • Au• 2.03 NOT USED. o O z w oa Q �I \ ¢ �O O 9.02 12"HIGH LETTERS PAINTED WHITE C I r m W J I m o m 3 0 3 m N m J o I 2.04 TRENCH DRAIN (SEE DETAIL 11/S-3.0, SHEET P 1 AND P-3, AND SPEC SECT. 15431).: I m o Q o N d rn o o m o too z Q O Q z O 10.01 ALUMINUM CANOPY- 3O'-O"x5'-O" - MOUNT ® 15'-4"A.F.F. SEE SPECIFICATION w w w I m I: w I m I` �i . a z a - 2.05 48" HIGH x 75' LONG TUBE STEEL GUARDRAIL FENCE SEE DETAIL 9 S-3.0 ( 0 M M "r 1 2 w U N = 3 w l 0 3.30 4 w l 5 U Q w I T i U w 7 7.13 8 9 / ( / ) o z SECT. 10530). I-Q ui z r p Qr- O2.06 TUBE STEEL FENCING - - ^ z b `� z w - w� w c� a J 1O m 10.02 ALUMINUM CANOPY - 5'-O"x5'-O" - MOUNT 0 8'-0"A.F.F. (SEE SPECIFICATION o a - g 0 g 2 A-2.3 2.07 TUBE STEEL GATE (SHEET A-7.0, FOR SIZE AND TYPE, & SPEC. SECT. 02825) o o N vi ui 0 - vi di vi W `� vi tii w ri SECT. 10530): 3 O r a F W O p: F o: w H r 3 m. E M 2.08 TREE WELL REFER TO LANDSCAPE o - � 11.01 TRASH COMPACTOR - FURNISHED AND INSTALLED BY OWNER (LOWE'S). M a m ^ \ ^ m ^ ^ ^ m ^ o m o n T.O. FRAME 3.01 CONCRETE RETAINING WALL W/6" HIGH CONCRETE CURB (SEE SHEETS S-1.0 AND I �o• 0\: o I o 3 I d �o ( O 0 O I O o o I I o 11.02 DOCK LEVELER EDGE-OF-DOCK MOUNTED (SEE SPECIFICATION SECT. 11160). m ^ N 3 oi. c� �i N N N 5-3:0).. 11.03 DOCK LEVELER - AIT-MOUNTED (SEE SHEET A-5.0 AND SPEC. SECT. 71160). .0. AS NRY 3.02 CONCRETE SIDEWALK. - '� T. . MASONRY T.O. ASONRY I - 26-0 11.04 DOCK SHELTER (SEE SHEET A-2.1 AND SPECIFICATION SECT. 11160) / / -_� 28-8 47•_q� i - �- 3.03 TACTILE WARNING GROOVES IN CONCRETE-(SEE SHEET S-3.0). L` 13.01 SHADE STRUCTURE - OPAL POLYCARBONATE PANELS OVER STRUCTURAL --- --_ --_-- -- -_ -- -_- --_-- 3.04 CONCRETE FILLED ISLAND (SEE STRUCTURAL & CIVIL DRAWINGS). FE CE HE HT - TUBING SYSTEM (SEE SPECIFICATION SECT. 13123). 2 '-O A OVE S 3.05 CONCRETE TRANSFORMER PAD, VERIFY SIZE& LOCATION PRIOR TO POURING (SEE ,.. J 13.02 RAIN BARRIER - PROVIDED AND INSTALLED BY SHADE STRUCTURE MANUFACTURER; DESIGNED BY SHEETS A-4.0 &S-1.0). I FENCE HEIGHT 3.06 CONCRETE GENERATOR PAD VERIFY SIZE & LOCATION PRIOR TO POURING (SEE SHADE STRUCTURE MANUFACTURER'S ENGINEER TO MEET ALL CODES AND STRUCTURAL REQUIREMENTS, --- --- --- 112-0 ABOVE SLAB CONSTRUCTED OF MATERIALS MATCHING ADJACENT SHADE STRUCTURE (E.G. POLYCARBONATE, STEEL TUBE -' SHEET A-4.0 & 5-1.0). MEMBERS.:FLASHING:ETC.) LOCATED AT REAR.MOST SHADE STRUCTURE ROOF TRUSS CREATING - -. , i' -. FINISH FLOOR' 3.07 CONCRETE SLAB ON GRADE (SEE STRUCTURAL DRAWINGS). p_p WEATHER-PROOF BARRIER FROM SHADE STRUCTURE RIDGE LINE OVER TO MAIN BUILDING WALL AND 5 s T 1a 5 O 3.06 JOINT SEALANT OVER 1/2" EXPANSION JOINT FILLER (SEE SPECIFICATION SECT. 07920). - 6 A-2.3 O 10 A-2.3 O O O ----•FROM-SHADE-STRUCTURE ROOF LINE UP TO BOTTOM SIDE OF GARDEN CENTER COVERED AREA BAR - SIM SIM 3.10 CONCRETE STAIRS(SEE SHEETS SHEET AND 5-3.1). JOIST TOP CHORD EXTENSIONS, WITH POLYCARBONATE ON BOTH SIDES OF BARRIER WALL FENCE HEIGHT' RIGHT SOUTH ELEVATION 3.10 CONCRETE CONTROL JOINT (SEE SHEET S-1.0).. � - - 12-0 ABOVE SLAB (SOUTH) 3.11 CONCRETE BASE GENERAL NOTES: SCALE: 1"=20'.O" 0 A-1O y 4.01 BUILDING EXPANSION.JOINT. 1.) F.O.M.-FACE OF MASONRY 17.) DR. CONTROL JOINTS.SHOWN ON A-2.0. O w 2.) F.O.C.-FACE OF CURB 18. ALL CMU HAVING EXTERIOR AND INTERIOR 4.02 MASONRY CONTROL JOINT, TYPICAL(SEE SHEETS A-5.0 & 5-3.1). ) 3.) A.M.O.-ACTUAL MASONRY OPENING EXPOSURES, NOT GROUTED, SHOULD 1°J I m o 4.03 SINGLE SCORED SMOOTH FACE CMU. (CLEAR DISTANCE REQUIRED) RECEIVE FOAM FILLED INSULATION: 4.04 SPLIT FACE CMU. 4.) ALL DIMENSIONS TO FINISHED FACE 19.) AT CUSTOMER LOADING CANOPY AND _ o o Q M 4 j1 z w OF WALL OR MATERIAL OR AS OTHERWISE GARDEN CENTER COVERED AREA, PAINT OQ m o O rn Q w 4.05 SMOOTH FACE CMU. - NOTED. ALL EXPOSED METAL, STEEL AND METAL z z a vri N z a a • oo 3 ,8 m Z U 4.06 BULLNOSE CMU ACCENT BLOCK. 5. SEE WALL TYPE LEGEND FOR WALL ROOF DECKING WHITE UNLESS SPECIFIED -. u, �5:w r w o W o W - o J Z N Q F 4.07 SINGLE SCORED SPLIT FACE CMU. OTHERWISE - S o I p row o m �, m _ - - I O R CONSTRUCTION. I o r W "' I Q $d N �+ o z N rn O Z 4.08 STONE VENEER. 6) -FLOOR ABOVE FINISHED FLOOR (SALES w m > > J W p O O _ x 0 O�_ ( 0 1 2 0 o zLLz 3 3.30 4 O m¢w O D- w a I W J J Q I O Q m SSF 5 w 6 I 7 7.13 a 8 w 9 a. 4.09 10' HIGH CMU SCREEN WALL: 7.) SEE SHEET A-6.0 FOR DOOR SCHEDULE: z Jw a o O m w z = o: = w J > o `wo: w ¢ ~ U U U K I mmOJ f.'J 0_ Z Z K W U m T K Z i z a Z Q g Id Y U I O- - SEE SHEET A-6.1 FOR WINDOW _ , o o q w o o wpo3 J o o J k O o o o z k w LU 5.01 METAL DOWNSPOUTS, PAINTED. SCHF-DUCE. �� o f o (kn'w ozF o J o n o o 0 0 \ J 5.02 METAL GUTTER, PAINTED. 8.) SEE SHEET A-7.0 FOR GATE SCHEDULE I I o U m z �o n o o cJ 2 N m W g m Q o "ot Q o p o m" o 3 LL m >w I 5 w Z O_ N m N m 9.) SEE-STRUCTURAL SHEETS FOR CONCRETE- o o r Q o w o O z o D D $ Q O O D o c T.O. FRAME z 5.03 STEEL CANOPY(SEE SHEETS A-2.1, A-3.3,-A-3.5, 5-4.4, 5-4.6 AND S-4.2), PAINTED. I - v m nz0 47-8 '$3 SLAB CONTROL_JDINT.INFORMATION. � o� o: o r � Q O Q 5.04 STEEL TUBE, PAINTED. - 10.) FOR LOCATION OF FIRE EXTINGUISHERS gg - 5.05 ROOF ACCESS LADDER, PANTED (SEE SHEET A-7.0). - REFER TO FIRE PROTECTION SHEETS. - •.,- _ z Ln a_vi__I I �___I I ( I D v D U� W 'o 11.) PROVIDE (2) 6" PIPE BOLLARDS AT I % / JUL 17 2006 D W Lu N LLI 5.06 FORKLIFT DAMAGE PREVENTION BARS- 16'-0"L. W/ BOT. 99'-6"A.F.F. (SEE SHEET GAS METER, IF REQUIRED. SEE SITE, g� ------- --- -- ----- --- ---- -= -- _ -- - - - -_ -_- O N 7/A-2.2)• STRUCTURAL, AND PLUMBING PLANS FOR - I I B. . C NOPY H O Q a LOCATION. OEPAHTNIENT OF PLANNING X / 12.)ALL UNOBSTRUCTED PATHS SHALL 8 0 ANO COMMUNITY DEVELOPMENT W J Im m 5.07 FORKLIFT DAMAGE PREVENTION BARS-T-0'L W BOTTOM ® 9'-4•A.F.F. (SEE SHEET I a 7/A-2.2). - - MEET ALL GUIDELINES FOR ACCESSIBILITY T.O. SCREEN WALL 0 • • AND ARE TO BE PAINTED OSHA YELLOW. 16 A-5.0 ORIGINAL 5.08 FORKLIFT DAMAGE PREVENTION BARS- 16'-0"L W/BOTTOM ® 13'-6"A.F.F. (SEES 13.) BRACE ALL STEEL STUDS ACCORDING TO I I 10-� ISSUE DATE 03.01.05 SHEET A-2.2) 7/A-2.2. - MANUFACTURER'S LIMITING HEIGHT - I ' FINISH FLOOR: PERMITSET 5.09 PROVIDE 4" PIPE BOLLARDS (SEE DETAIL 3/S-3.1)- NUMBER AND LOCATIONS PER (L/240). -2.3 -q,- - - - a1c DtD p-p ISSUE DATE: 12.28.05 14.) SEE SPECS & FOUNDATION DETAILS - 15 16B zze CONSTRUCTION SET ARCHITECTURAL PLANS AND DOOR DETAILS. (BEYOND) o RIGHT (SOUTH)_ FOR FENCES. SPACE POSTS TO AVOID -m- O 0" 16'-0" 20'-8" 19'-4" 18'-B" 18'-0" 18'-0" 1 '-8" 19'-4" 26'-0" 18'-8" ISSUE DATE: 5.10 PROVIDE 6" PIPE BOLLARDS (SEE DETAIL 3/S-3.1)- NUMBER AND LOCATIONS PER FOOTINGS WHERE POSSIBLE. -- - "- CONTROL 36'-8" 65'-4" 84•-0" 102-0" 120•-0" 132•-8 152-0 176'-0" 196'-8" 230'-0"243•-4" ELEVATION/SECTION ION/SECTION DRAWING NUMBER: 15.) NO GAP LARGER THAN 2" IS PERMITTED ARCHITECTURAL PLANS AND DOOR DETAILS. JOINT A Z.O AT CHAIN LINK FENCES, GATES, ETC. 9'-4" _ 5.11 PROVIDE 6" PIPE BOLLARDS (SEE DETAIL 3/S-3.1)AT GAS METER. NUMBER AND 16.) MOUNT ALL SLIDING GATES ON OUTSIDE LOCATIONS 46'-0" - - SCALE: 1"=20'-O" A-1.0 LOCATION PER PLUMBING PLANS. OF ENCLOSURE - - °,�'m FOR FINAL SITE PLAN • V COpE 4 • • �M11Io �M�III� •o REVISIONS m ISSUEOATE ISSUE I-E �N DATE DESCRIPTION z -3 o O U J W W aJ = j \. w b w z I J z w I w - z. . o J m zM.23 N A.3S B. 'i � O D z z Q _o o n > .� 7d" .. 3 w w E o.. I F G - �. H mo L 'QWQ"O W W 0. MQ >.W.. K w w ¢. M �J w ". JJ N J W W -JJ N. _� Cx�. �.. r I W Q O G7� U M W U M Q Z -6 M .. W a z Z Q IM O O `•' N w ZO w p O Q Q , o x.I: Ci o�. o�.. Ci..LJ'S I ri jJ�� ¢ in. o �.'. I- o oQ pz a I- a Z �U # V V NZ R1��' ... .U �\.. .-3: N .3 .: .. \: W � V1V1S U�\ 6Q ;N _ U Sim U :' pUl m n .::_ m rrc -ginw ~ 3N �b- - 00 1f1 d �f� IO 7 IT 1 I I r0. O O O T.O. MASONRY / / - ... a .. M N _ I=LN N FENCE HEIGHT 17' 3" • • > FINISH FLOOR ARCHITECT: -D MITCHELL C.SMITH EDGE OF SLAB 0- 8 - O ` .i\ .,,. ... O SEE SHT. S-1.0 J oN zo'-a^ zz-o^ zo'-o^ zo'-o" 20'-D 26j:2- z1'-a' - 1}'-B" z3'-a' zz'-a" FRONT ELEVATION GRID 24'-8 46'-8 BB'-8 86'-8 106-8 128'-S 148'-0 401'-4 42'. 44T-4 LINE 2 - 22'-0' 22'-0" 26'-0" 24'-0" 26'-4' 19'-4" -_ 40,-0' 19'-4" 13'-4" i SCALE: V' 20'A" 192.-0 214-0 -240-0 264-0 295-8 315-D 355-0 374-4 387_a 24'-0' 66._4" 173'-4' 36'-4"- 20'-3" 0'-0". 250'-3" 236'-3" 169'-11 TO DOWN SPOUT JOINT LOCATIONS ew.."rcx n,""n• D.S: ONLY D.S. ONLY D.S. ONLY D.S. ONLY D.S. ONLY •w"•e nv vnv n.aeam•.,m.y O - repee�.e n.nYiorm or ey r � mr m•."."m"n .LINE 1 i M w I LL O M O m a - z M O _ I v,m,..ov""•".nom,u..."ycx.Rs•�... I W O�.N Z d O N a I W 0 O. W 0 Iwi N W U. O N Q T �ol S = O R w TP � - N M.23 M L34 �O L K J Sa H C co F E D �. _ Bo � .&J O rr W w J b z Z W O O O 0 w� w a Mt a J m a o zd '� z c� O ... w.•11 y w W _O d 3 �` _ as QII W a W a oII z d aO wW!A- 'IIIo :O N �.. - U ¢ 0a. O oI WIO IIIo.O a. '�j r7 DILL "`l IIIop Ir a '. "�.�: ¢ I -°'d.� � ,. O $J ¢3. = O �j ' . I 1 '.. UJ Z �. O. o � 7 Uf O .I I ¢ I.. -. I -' Q JJ rJ - .Q w U' 9= w 2J 3 p K. W J w WO F-I- a :. : / \ K- �" - O K o O J. W 2 - O<aa O a O C 7 O M a O n p p vi 00, m3 O n') O 2 7 � f CJ I O� I -0 ZO CJ p 12 A- N. Cx 8 y O O a > O M m LL a3. 0�0 m o ocJz� No O o z 3m 8o . 8 o ao d m o O m b O O \ V7 N d d d m O N m b O N d N N 11 71/A 2.3` .'. O O O N 4 O I(l O O' 0 aI N O I m r m O n B.O. SOFFIT T.O. MASONRY 26'-0" I m I T.O. MASONRY NCE HEIGHT - 15 A-5.0 15/A- 0 ' \ FEN E HEIGH FENC HEIGHT "t 12-0 ABOVE S U 12 0 (ABOVE SLAB I I I 12- ABOVE S B PA 'I __ _ - I FINISH FLOOR - IH 2D' a' 01E OiF - O70 22,-0' 22,-B"I o 1T-4" I(�18'-0" 18'-0" 18=0" 36'-0" Moo 481'-4" 18'-8" 20'-0" 22'-8"� -O 380-0 20'-0 20'-0" 20'-8" II-20'-0" 22'-8 I 256'40" 2 •4g^ 18'-0" 18'-0' 18'-0" 18'-0 20'-8 112'-8" �90'-B" 18'-8" 25-4" 1. 20'-0" DOWN SPOUT & CONTROL 5�" 51 77'-4" 5 535'-4" 5 I= � �" 402'-0" �' �' I 6" �' " a C.J.ONLY 463'-4' 444'-8 424-8 cdylJLY 359'-4" 339'-4' 319'-4 298'-8 278'-8 ` 205'-4 18T-4 169'-4' 151'-4 133'-4. C.J.ONLv C.J.ONLY 66'-0" 49'-4 24'-0' JOINT OC�5�A 02S C.J.ONLY ONLY C.J.ONLY C.J.ONLY C.J.ONLY ^ 88 CJ.ONLY C.J.ONLY C.J.ONLY` 'J+�LJL'L� C.J.ONLY C.J.ONLY C.J.ONLY Cd ONLY C.J.ONLY {� C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY C.J.ONLY I', C.J.ONLY C.J.ONLY �• ­6W. 7T-4" 19'-4' 126'-8' (III--24'-8-8" 118'-B" 19'-4 84=0" i8x-8" - NOTE: 478'-D" 381'-4" 254-8' 230'-0' - 111'-4" 92'-0" Ds.oNLv[� • D UNDERGROUND DRAINAGE AT O.S.ONLY O.S.ONLY D.S.ONLY D.S.ONLY D.S.ONLY - D.S.ONLY o.5.ONLY REAR\ ELEVATION ALL TRUCK WELL DOWNSPOUTS : - A NA 5.11 PROVIDE 6'.PIPE BOLLARDS (SEE DETAIL 3/S-3.1) AT GAS METER. NUMBER AND SCALE: 1"=20'-0" A-1.0 FINISHES LOCATION PER PLUMBING PLANS. 5.12 STEEL DOWNSPOUT COVER, PAINTED (SEE DETAIL 13/A-3.0) a w ; PF-1 SIERRA TAN.OR EQUAL(PRE-FINISHED) F-1 FACTORY BLACK VINYL COATED FAB. 5.13 STEEL C-CHANNEL (CHAIN-UNK FABRIC) PF-2 LOWE'S BLUE PRE-FINISHED ( ) - 5.14 METAL WALL PANEL F-2 FACTORY BLACK POWDER COATED PF-3 STANDARD WHITE(PRE-FINISHED) 5.13 METAL AWNING 9 d 8 7 z 6 j j ? 5 - 4 - 3 3 2 (SECURITY FABRIC) _ ( ) 0.01 CART GUARD - P.T. 2x10 STAINED LIGHT GRAY, MOUNTED 5 A.F.F. TO BOTTOM WITH - - {^/J. O O' Q a ( ) I y e u-5 m O z T.0 FRAME EF-1 LOWE'S MEDIUM BEIGE E.LF.S. 'i lz Q F-3 OPAQUE FABRIC SCREEN � 1/2"tlx4" EXP. BOLTS (COUNTERSUNK) 0 36"O.C.. � �^� z W I > > > o: li' � I "? d M o m s EF-2 STANDARD WHITE (E.LF.S) 8.02 TELEPHONE BOARD - 4x8 SHEET PLYWOOD ® 4"A.F.F.WITH INTUMESCENT COATING ON - \ � z � a � � � T.O. MASONRY o � a � D ® .•.w w TS-i BLACK(TUBE STEEL) � � � n U o 0 29,_4 m _ ALL SIDES PRIOR TO INSTALLATION SEE SPECIFICATION SECTION 07812). - _ 1 P-1 LOWE'S RED(PAINT) CMU-1 NATURAL (CONCRETE MASONRY), ( _ _ I I I N z d d d 27 4 n Iri � T.O. MASONRY I a\ 0 0 o p o T.0 MAS NRY o .a 6.03 WOOD TRELLIS - a a 30.-BRAME a J R CMU-2 KANTA BROWN (CONCRETE MASONRY) - - I�B.O. SOFFIT 28 8 o T.O.FRAME S m P-2 STANDARD WHITE (PAINT) 7.01 ACRYLIC FINISH SYSTEM. BY E.I.F.S..MANUFACTURER, ON,SMOOTH FACED CMU WITH, 32-0 ;. B. AWNING - ` 31-8 -� F NS-7 MOSSY ROCK (NATURAL STONE) FLUSH JOINTS. 7. - T.O. MASONRY I �'�I ~ 23-a T.O. FRAME P-3 SIERRA TAN OR EQUAL(PAINT) - -- -- --- - 1-5 o SG-1 SUBDUED GRAY(SPANDREL GLASS) 7.02 EXTERIOR INSULATION AND FINISH SYSTEM (E.LF.SJ.' 26'-0" -- --- -- --- - -- ---- ---- -- - •. 2g-gam p_q _-- - I 12/A 5.0 T1'P. COL. I d 7.03 STANDING SEAM ARCHITECTURAL METAL ROOF PANEL I I B.O.SOFFIT NA-1 NATURAL ANODIZED (ALUM.) 16/ 5.0 TYP. 0 C.J. 17_� P-5 OSHA YELLOW(PAINT) 7.04 PRE-FINISHED METAL COPING. F N E HEI HT 1 W-1 REDWOOD STAIN.(WOOD) 7.05 MEDALLION - E.I.F.S. (SEE SHEETSA-2.1,A-3.1, A-3.2 AND A-3.3) 12-0 (ABOVE.SLA P-6 MANUFACTURERS STANDARD - BRIGHT WHITE(PAINT) 7.05 CORNICE - ALUMINUM WITH PRE-FINISHED METAL COPING (SEE SHEETS A-2.1, A-3.1, A-3.2 AND A-3.3) FINISH FLOOR FINISH FLOOR NOTE SEE SPECIFICATIONS FOR APPROVED MANUFACTURERS. UNLESS SPECIFICALLY CALLED 0-0 _ _ I ` 0-0 • OUT, UT CONTACT MANUFACTURER FOR LOWE'S NATIONAL ACCOUNT COLOR FORMULAS.. 7.07 PRE-FINISHED METAL FASCIA. - A-2 t r L_ L - 9 LEFT ELEVATION KEYNOTES O 7.06,SNOW BRACKET SIM 15'-0" r 17^'-4_"_ 22'-0" 20'-8' 20'-0" 18'-D" 18'-0" ff 2__7"'-4''r'- 12'-6-8„ 23•_q" JOINT OL KEYNOTES 3'-4" 23'-4' LOWE'S HIW,INC. 42-0 23D-0" 215-0 200'-0" 182'-8' 160-8 140-0 120'-0' 102'-0' 74-0' 4 &01 OVERHEAD.DOOR. - 10-0° o LOCATIONS 3 SCALE: 1"=20'-0" A-10 1000 FARADAY AVE.,SUITE 140 1.01 SIGNACE- FURNISHED AND INSTALLED BY OWNER (LOWE'S), SEE SHTS. A/3.1.3,2 FOR 8.02 HOLLOW METAL DOOR AND FRAME TYPICAL. PAINTED. - - - 84•-0" z CARLSBAD,CA 9200E &03 ALUMINUM STOREFRONT. jt O No 4 O n m 760.8D4.5300(V)760.9189112(F) BLOCKING LOCATIONS. HORZ. POSITION OF SIGNAGE TO BE CENTERED ON O? I? z O • o &04 AUTO-SLIDER DOOR (SEE SHEET A-6.0). w N M N M •11 w W nss oawra stns vaavearta axs vtixc BACKGROUND ELEMENT. J I+JJ LL M I m 4 "ry1m I m 7O O� M= 4 +Iwusec4N:vn°wcn°nmvxouonvrata $05'IMPACT DOOR (FACTORY FINISHED), STEEL TUBE FRAME PAINTED. w 2.01 CHAIN-LINK FENCE WITH BLACK VINYL COATED FABRIC (SEE SHEET A-7.0 AND i' - w O z M Q4 00 �LL ;,�\ J11.ym Om J I I°n"°°ssi+iorN1X° w`s°+ wmM "wLL I &06(SPANDREL GLASS o z y w O I I ,J 3 r+u+sm� SPECIFICATION SECT. 02822). &07:CLEAR CLASS ; �j z - �_w al \ I\ \ r-s N LL •N a '� • O 2.02 CHAIN-UNK FENCE WITH SECURITY FENCING UP TO 8'-0" ct w x 9.01',UNOBSTRUCTED PATH, AS DIMENSIONED SHALL MEET ALL GUIDELINES FOR ACCESSIBILITY f i I Ci v_i w m 3 } N I I` b cD In ABOVE FINISHED GRADE (SEE SHEET A-7.0 AND SPECIFICATION SECT. 02622). - :� cJ Q w m - p O d m o p m o w o z 3 w, O z O TO BE PAINTED OSHA YELLOW. 0 M _ d_ 1 2 w I'' O N 3 I`4 3.33 4 Z w 5 I't LL w^ T w c� w 7 O„ 7.13 8 92.03 CHAIN-UNK GATE (SEE SHEET A-7.0, FOR SIZE AND TYPE, ANO SPEC. SECT. 02822) g 02 12"HIGH LETTERS PAINTED WHITE z �-" a ` a a Wo2.04 TRENCH GRAIN (SEE.DETAIL 11/S-3.0, SHEET P-1 AND P-3, AND SPEC SECT. 15431). 10.01'ALUMINUM CANOPY - 30'-0"x5'-0" - MOUNT® 15'-4"A.F.F. (SEE SPECIFICATION p o a! '\ J I ¢ - 2.05 48' HIGH x 75' LONG TUBE STEEL GUARDRAIL/FENCE (SEE DETAIL 9/5-3.0) o o N LiiI J- �+W Co 2 N w N �'3 0 \ `�' SECT, 10530). 3 O I-j r O p rc r c W o: - I-z m-�/ ® , 2.06 TUBE STEEL FENCING d m 0 n \ m n n n m r o n o 10.02 ALUMINUM CANOPY - 5'-0"x5'-O" - MOUNT 0 8'-0"A.F.F. SEE SPECIFICATION - 2.07 TUBE STEEL GATE (SHEET A-7.0. FOR SIZE AND TYPE. & SPEC. SECT. 02825) - ( I o N\ I N 3 I m o N I Q N N a II 140_BRAM SECT' 10530). 3 Ui _ -3 208 TREE WELL REFER TO LANDSCAPE � 1 3.01 CONCRETE RETAINING WALL W/6" HIGH CONCRETE CURB.(SEE SHEETS S-1.0 AND - 11.Ot;TRASH COMPACTOR - FURNISHED AND INSTALLED BY OWNER,(LOWE-S). - T. MASONRY .0. M AIRY 11.02-DOCK LEVELER - EDGE-OF-DOCK MOUNTED (SEE.SPECIFICATION SECT. 11160). /"/ 28"-8" T.O. 270 4RY 26.-0 3.02 C. 11.6 DOCK LEVELER - PIT-MOUNTED (SEE SHEET A-5.0 AND SPEC.SECT. 11160). - --- ---- -- ------ --- ---- I - 3.02 CONCRETE SIDEWALK. FE CE HE HT 11.0+(-DOCK SHELTER (SEE SHEET A-2.1 AND SPECIFICATION SECT. 11160) - - - pp 3.03 TACTILE WARNING GROOVES IN CONCRETE(SEE SHEETS-3.D). - OVR S B 3.04 CONCRETE FILLED ISLAND (SEE STRUCTURAL& CIVIL DRAWINGS), 13.01, SHADE STRUCTURE.- OPAL POLYCARBONATE PANELS OVER STRUCTURAL tr , f I _ F N j_TUBING SYSTEM (SEE.SPECIFICATION SECT. 13123). r - I --- --- --- 112 Cr (ABOVE SLAB) 3.05 CONCRETE TRANSFORMER PAD. VERIFY SIZE & LOCATION PRIOR TO POURING (SEE 13.02 NOT USED. - ! SHEETS A-4.0& S-1.0. i L .... ... I FINISH FLOOR ti 3.05 CONCRETE GENERATOR PAD VERIFY SIZE& LOCATION PRIOR TO POURING (SEE - i. _ - t� /0-0 Q SHEET A-4.0 & S-1.0)l SIM-2.3 12 9 M A-2 3 O O O 3.07 CONCRETE SLAB ON GRADE(SEE STRUCTURAL DRAWINGS). ` RIGHT ELEVATION 3.08 JOINT SEALANT WITH BACKER ROD (SEE SPECIFICATION SECT. 07920) OR (DETAIL 15 OR 16/A50). FENCE HEIGHT I'/� • O ' 12-0 ABOVE SlA6 !� SCALE: 1"-20'-0" A-1.0 3.09 CONCRETE STAIRS (SEE SHEETS A-5.0 AND S-3.1). GENERAL NOTES: 3.10 CONCRETE CONTROL JOINT(SEE SHEET S-1.0). 1.)! F.O.M.-FACE OF MASONRY 17.) EXT. CONTROL JOINTS SHOWN ON A-2.0. 2.) F.O.C.-FACE OF CURB 18.) ALL CMU HAVING EXTERIOR AND INTERIOR 3.11 CONCRETE BASE 3.) A.M.O.-ACTUAL MASONRY OPENING EXPOSURES, NOT GROUTED, SHOULD 4.01 BUILDING EXPANSION JOINT. (CLEAR DISTANCE REQUIRED) RECEIVE FOAM FILLED INSULATION. O �1 4.02 MASONRY CONTROL JOINT, TYPICAL (SEE SHEETS A-5.0 &S-3.1). 4•)!ALL DIMENSIONS TO FINISHED FACE - 19.) AT CUSTOMER LOADING CANOPY AND _ z o 4.03 SINGLE SCORED SMOOTH FACE CMU.. OF WALL OR MATERIAL OR AS OTHERWISE GARDEN CENTER COVERED AREA, PAINT O a d - ��� O w 1 W it a; w W u NOTED. ALL EXPOSED METAL, STEEL AND METAL - m c', a�n N OO a oo D: a1 00 Z 4.04 SPLIT FACE CMU. 5)1 SEE WALL TYPE LEGEND FOR WALL ROOF DECKING WHITE UNLESS SPECIFIED rn 42w - w pwa rn O O O m 1d z �`j Q CONSTRUCTION. OTHERWISE. - "t m o I z o w '� z 33 N w O<Ll � z N I w I��, Z m 4.05 SMOOTH FACE CMU. r a o z .z- o ul b w o a L� c3. of w LJ J J Q O •ZI r Q 6) A.F.F.)ABOVE FINISHED FLOOR (SALES 0 _ 1 -2. 0 g g z 3 3.33 4 0 5 o 9 a m 4.07 SINGLEBULLNOSE CMU ACCENT BLOCK. - >FLOOR z LJmw D_ �.� F� ,03: lz o O g �o z y m 7 ¢ O Z w m W 2 �2 O O b I` gg J 7 b U 4.07 SINGLE SCORED SPLIT FACE CMU. - 7) SEE SHEET A-6.0 FOR DOOR SCHEDULE; `� ? G a m m m w as (L z a S m C, m s �" `� O o Y m �' z I'' c SEE SHEET A-6.1 FOR WINDOW - - w o o O o > > o ap m -o o cJ o z W 4.08 STONE VENEER. - o¢ p s .2 o W o z F 7 om E O J oo coi c'o ; J Z 8 ,;SEE SHEET A-7.0 FOR GATE SCHEDULE I 1.. a m N Y z "� d ro m m U �^m W m U "� a .6 - W Q 4.09 10' HIGH CMU SCREEN WALL ) m b d W I o d d N w z O_ N N N T.O. FRAME I. O O 4�7ozo \� / 0O O= C,"A. O n 0 a I / O : 00 0 41=8 Q Z 9 i SLL EE STRUCTURAL SHEETS FOR CONCRETE a o 0 o w o z o a 5.01 METAL DOWNSPOUTS, PAINTED. - d m m O o m \ d d a o m o I-O o m m o m o rn M N CJ SLAB CONTROL JOINT INFORMATION. 5.02 METAL GUTTER. PAINTED. TO) FOR LOCATION OF FIRE EXTINGUISHERS I I p O I I z Ct I I I O fA Q REFER TO FIRE PROTECTION SHEETS. z a b 2 'o 5.03 STEEL CANOPY(SEE SHEETS A-2.1,A-3.3, A-3.5, S-4.4, S-4.6.AND S-4.2), PAINTED. - _ w W a 11.).PROVIDE (R. 6" PIPE BOLLARDS AT I % % W O 5.04 STEEL TUBE, PAINTED. ;CAS METER, IF REQUIRED. SEE SITE, %L ------- --- --- -- ---- ----- --- ---- - --- -- -- ---- --- --- ---- F"' N w 5.05 ROOF ACCESS LADDER, PAINTED (SEE SHEET A-7.0). . STRUCTURAL AND PLUMBING.PLANS FOR I .7% '•- I B8. .00 NOPY IX. Q m m a 5.08 FORKLIFT DAMAGE PREVENTION BARS- 16'-O"L W BOT. 0 9'-6" A.F.F. SEE SHEET . LOCATION. / ( 12.)ALL UNOBSTRUCTED PATHS SHALL • a0 7/A-2.2). MEET ALL GUIDELINES FOR ACCESSIBIUTY I _ _ ___ ___ _ T.O. SCREEN WALL 2 IGINAL AND ARE TO BE PAINTED OSHA YELLOW, 16 A-5.0 10-0' LS LE U�/ 5.07 FORKLIFT DAMAGE PREVENTION BARS- 7'-0"L W/ BOTTOM 0 9'-4" A.F.F. (SEE SHEET I SUE GATE: OS.OI.OS 13.) BRACE ALL STEEL STUDS ACCORDING TO T SET 7/A-2.2). MANUFACTURER'S LIMITING HEIGHT 5.08 FORKLIFT DAMAGE PREVENTION BARS- 16'-0"L W/ BOTTOM 0 13'-6"A.F.F. (SEE (L/240)' O O otc oto O FINISH FLOOR RMTRUC 14,) SEE SPECS & FOUNDATION DETAILS 1 A-23 JUN23 1006 SUE DATE: 'IZ.Z9.OS t5 lae O 228 0_Q ONSTRUC710N SET SHEET A-2.2) 7/A-2.2. FOR FENCES. SPACE POSTS TO AVOID (BEYOND) DEPARTMENiOFPLANNING I SUE DATE: 0'-0" 16'-0" 20'-B" "W-4- 18'-8" 18'-0' 18'-0" '12'-8" 19'-4" 26'-0" 18'-8" 33'-4" 13'-4" RIGHT ANO COMMUNITY DEtJEIOPMENf 5.09 PROVIDE 4"PIPE BOLLARDS (SEE DETAIL 3/5-3.1)- NUMBER AND LOCATIONS PER '-FOOTINGS WHERE POSSIBLE. HAWING NUMBER 15.) NO GAP LARGER THAN 2" IS PERMITTED CONTROL 36'-8" 84'-0' 102'-0" 120'-0 132'-8 152'-0 178'-0 196'-8' - 23D'-D•' 243'-4•' ELEVATION/SECTIO _ ARCHITECTURAL PLANS AND DOOR DETAILS. JOINT I AT CHAIN LINK FENCES, GATES, ETC. 9'-4" LOCATIONS SCALE. 1"=2D-G' A-0.0 2.O - 5.10 PROVIDE 6" PIPE BOLLARDS (SEE DETAIL 3/5-3.1)- NUMBER AND LOCATIONS PER 16.) MOUNT ALL SLIDING GATES ON OUTSIDE 46-0 - +�t�-� FOR FINAL SITE PLAN OF ENCLOSURE ARCHITECTURAL PLANS AND DOOR DETAILS. - -ODEdm• • • e • 5 This tab does not require supplemental data. Please reference the Response to • Conditions tab for information. • • � 6 I MATERIAL LEGEND MCAP-1 LOWES RED(PAINT) ® J �' r� >• IP ' P-2 STANDARD WHITE(PAINT) P-3 SIERRA TAN OR EQUAL(PAINT) I�Nil 1 `' I%jj ,i.� yy• !I f 1 t ►v \tier 'r- /►1' •' ` �` r�' �i.qI'`'" "y� t�I� REDWOOD WOOD) ll 111„1 LIAiM�I I /I l % a II 1' I s ..;E!n �ifu ��1A:w } I�1 11'•� a+nll� •1•IIIIy � •11 �'�� � I`�{��II iikl\���. � �� �°�}►�lul������1��l ���R'"i��III��II�.►����d '+�I �, I) �/�Itil�l t w��:�14"��n/•i�l 11 11 I I �1� SIERRAOR EQUAL(PRE-FINISHED) - — , � 1 � �.� r •1 .I 1' `I. 1 I t l,l" I 1 I f/ ___ � � f��ow usi-�L• � ;• •� -., I •PIII t 1 I1111IIIllIIII la ���i .a'111. •�n 1 �b,l. _ =1:1- �y"�4� �- I 1-��ir 1� � li 1fI II�' ,.�illl l•li + Illlllll�flh'1' r•k'� 1 ,i wti t ^I--+��' Ilr . f1� ,+.--�.41t. 1 + -�, r f/w �•� ( s ,11„III 1�1 �. tom,, 1 1: L..i.... ,� y.... A I. 11�1, 1 1 I GIs I , ,I ►,�' r,, ► .t., �;1 — 4 0 Ir�b,1 � �f/,L�1 i•��.011, �� '.'I�'r,'�; ��!��+ ..1a�1'i'�t�� II .. e .i r'! j !- ��ra ty/'� I I '� ,� Q .WE'S BLUE(PRE PF-3 STANDARD WHITE(PRE-FINISHED) { J� li�f4•*� ��rl�l` 1 �".1.7oV!\1� 4*ry�mr r.,.�..•'l:�/rJ4 ��.l.ii1!�� f=, ►,a!• +�- Ilfu� �t�.� I��,�III � :,l�I I '��IIII I�I't I III !i���1 I I IIJ f• f "S'M �� � ■ jilt � ♦ / � _ / � II EF-2 STANDARD WHITE(E.I.F.S.) I'I!�•. 1...��.�,i+fi ► � 1 YlilS i! �i :Ir � ��' ;� I; 1;. 11 1 I 11 /; '► • T • . . NATURAL • -• - BROWN • • —1, (NATURALNS-1 MOSSY ROCK SG-1 SUBDUED GRAY(SPANDREL GLASS) jNA-1 NATURAL ANODIZED �.�. -.. .-. �' FACTORY (SECURITY FABRIC) 11 I11 � ,I OPAQUE FABRIC SCREE I-10 _ ; . ��i� �Il: alp Ali i' �_ II 11'; _ —_ ��iiIIIIN _ —^� � � � aw.�.. '...�•I I •} r�� \+�I � �+��...L.1 I 's� I � �. TS-1 BLACK(rUBE STEEL) ���'�a I�s�—� � �'•".+I '�.^'���i�I�� 'III�A t�,\j`�II\t��� owl �� �� =1}'�, r:.-��' :,;�•:11" ,i,'==+lli +{EI, = sy .'/ �� ��I��� 9!1 4111.�a1i�'It/'11:111.e�.i�1�'`•�s1���8 = i�l���r��lr � �� --•--�-�' � ���� r rf� i AULYnN.NY G2 1 {`.91 • REVISIONS pa o-n A ;gin. �j 90 0 2 1 tl m DATE a DESCRIPTION 1 o oIJ� A35 - Bp �B.IB PB.{1 C 9 � °� ��1�; L �L311Y)3� �, ��lJ (N) u (PJ' �y !2 Y� fi-I -11-1, .0.MASONRY I I B M N 'ARCHITECT: NCi 5 0(SEE SHT 5 0) r �-I. _- MRCNELL C.SMITH -- - -- -- -- - - _ SLY W O N - 0 D 20'-8• 2Y-0' 20'-0• 20'-0• 20'-0' 20'-0• 21'-{• - ,3'-B' 2J'-{• 22'-8" ROUT ELEVATION {-0• 2{-B IG-8 66-8 88-8 tOB-B 128-8 1♦8-0 1)0-0 182-0 {-21♦-0 -{20-0 293.E J13-0 JSS-0 3)♦�j W1-{ {x{-8 H] 1 OLINE 2 222'-0• 26'-0• 2♦'-0• x83-1 0 23 Oa..ONLY DS6 ON3.LY OS.ONLY OS.ONLY DS.ONLY�0°WN SPOUT JOM LOGnONS ME 1 a 3 m S,'m, $ T 'T , N 2 M l.3♦ L K J H G F E T C 8 @ - /n � �`'bd I- ~ 11 13/A- 0 S A-3.0 11 A- 0 I I �i_,S/A 5.0 S/A- 0 / I 12-0 \ 12 SLAB c I NOTE SBB'm-aBr' S]1'-{• SSJ'-1' S35'-{" Su]'w-1Lr' ' rSS6 jI..]♦))DoB_'x-p'-0♦• �OJa-rt{r {cwN'w-eLr• {u2.0 a-ra8r�\�I f♦t1o�R0.zS 0-0C'-a y8-• e' 3u59'w-a{r' t u9'O-a{r" f�C19.'a-rtr I µB'p-Oa er' f�2t•]8.'O-aBr I\ �y- Iram]�.'DIy•Y f xu0.5'O-a1r' f u1°B�T.a-rmo{r' u169.'a-ra{r' c aar u.aar z O-ae- � A�S.opyGa�nTg3aN�S o NaZ9 '-AI-♦" 1 -1" '°.mr -0x 1'o "Lr 4-♦-o " y > {. 2 1Z 21288 •--80• 11-1 92-0 • UNOERGRWND DRAINAGE AT O3 waY OA par D3.paY PS pav D3.war OS OMY Ds OMY N.L TRUCK WELL DOWNSPOUTS A REAR ELEVATION wt.D 5.11 PROVIDE 6•PPE BOLLARDS(SEE DETAIL 3/5-3.1)AT GAS MUM NUMBER AND •� FINISHES O LOCATION PER PLUMBING PUNS. PF-1 9ERRA TAN OR EQUAL(PRE-FINISHED) l.12 STEEL 0O-SPOUT COVER.PAINTED(SEE DETAIL 13/A-3.0) F-1 FACTORY BLACK VINYL COATED FAB. 5.13 STEEL C-CHANNEL YJ F (CHAIN-UNK FABRIC) PF-2 LOWE'S BLUE(PRE-FM4HED) 5.14 METAL WALL PANEL ri F-2 FACTORY BUCK ANDEA COATED 5.1!METED AWING 9 8 �, ] 8 S { S } PF-3 STANDARD WHITE PRE-FINISHED ppZZ (SECURITY FABRIC) I.OI CART GUARD-P.T.2.10 STAINED LIGHT GRAY,MOUNTED 5•A.F.F.M BOTTOM WITH tvpd7K FS-i LOWE'S ME UM BEIGE(E.I.F.S) ) / W0iO 'n 1 N p '+ �' F-3 OPAQUE fABAC SCREEN 1/2••r{•EXP.BOLTS(COUNIERSUNN)O 38.O.C.. �``S >>> < = I e n w v_ • EL-2 STANDARD WHITE(ELF.S) e.02 TELEPHONE BOARD-IKe SNEEf PLYWOOD O{•A.F.F.WITH INNMESCEM COATING ON -- - 7 \ z9-♦ TS-1 BUCK(TUBE STEEL) / p; s a s CYU-1 NATURAL(CONCRETE MASONRY) ALL 9OD PRIOR TO INSTALLATION(SEE SPECIFICATION SECTION 07812. F T.O MASONRY P-1 IOtVCS RED(PAINT) ( » e.OJ W00O nEWS ) I I I I 2 ♦ �- N_e CYY-2 KANTA BROWN CONCRETE YASONR 2B e p T.O._ =RAMS_ S $ P-2 STANDARD WHILE PANT 7.01 ACRYLIC FINISH SI'SIEM,BY EI.F.S.MANUFACTURER.ON SMOOTH(ACED CMU WITH J B' A °1G IIII II �V ( 1) 2-0 23 s m ` 1_B - P-3 SIERRA TAN OR EOUED(PAINT) NA-1 NATURED ANOO(ID(ALUM.) I _ ,2-0I 1 18/ 5.0 M.O C.J. ,_�,.. NS-1 MOSSY ROCK(NATURED STONE) FWSN JOINTS. MASONRY I EE i) 7.02 FDTEROR INSULATION AND FLASH SYSTEM(EI.FS.. � 'S. � - I"• ---- -- - _ � - - SG-1 SUBDUED CLAY(SPANDREL GRASS) 26-0 -I - - 12/ 0.0 M. COL III I 28-8 p_I ___ 7.03 SINOWG SEAM ARCHITECTURAL METAL ROOT PANEL , --� P-5 OSHA YELLOW(PANT) 7.04 PRE-FINISHED METAL COPING. ) I IRI M-1 REDWOOD STAIN(MOOD) 7.OS YEDNLJON-ELF.S.(SEE SHEETS A-21,A-3.1,A].2 AND A-3.3) 1 I. III P-' MANUFACTURERS BRIGHT WHITE(PNN �O FN I--- IIII �,i :'- I FN�QJ FLOOR A 7.0E CORNOE-EDUYNUN WHIN PRE-FINISHED PETAL COPING(SEE SHEETS A-Ll,A-3.1. NOIL SEE SPECRIGTONS FOR APPROVED MANUFACTURERS. UNLESS SPECIFICALLY CALLED A-J.2 AND A-J.J) p-0 `�---------A 0-0 OUT CONTACT YANUFACIUREfl FOR MORASS MATCHED ACCOUNT COLON faNYUUS 7.07 PRE-FINISHED METED FASCIA WY 12'-0 ,5'-0• 15'-0• 1)'-{• 22'-0' x0'-B• 2O-0• ,B'-0" IB'-0• I IT-1' 23'-/• 23'-1' Tom.. - L LOWS MW.INC. y�� �+ 7.oe SNOW BRACKET {2-0 2L% z15-0 Z00-0 182-0 160-8 tO-0 120-0 ,02-0 IIII_].-0 {6-e zJ-1 II LEFT ELEVATION KEYNOTES NOTE) JaM SCALE: 1 HOPtADFAMDAYAVE 4R E1,m 0.01 OVERHEAD DOOR. 10'-0• m LOCATIONS 1.01 SONME-FURNISHED AND INSTNIID M OWNER(LOWE'S).SEE 9nS.A/3.1,3.2 FOR &02 HOLLOW METAL DOOR AND FRAME TYPICAL PANTED. e<-0 CARLSBAq G@00• 0.03"MINI STOREfnONT. SLOG NO LOCATIONS.HpQ_P09fION OF SOIMGE TO BE CENTERED ON I LEA•'-¢$- )m 86C.900M T®,D,9.Ntl0J 0.W AUTO-SLICER DOOR(SEE SHEET A-8.0). tl b B,CKa20UND ELEMENT. LO1 CWN-LINK FENCE WITH BLACK VINYL COATED FABRIC SEE SHEET A-7.0 AND 0.05 IMIPAR DOOR(FACTORY FINISHED).STEEL TUBE FRAME PNNfED. g GI SPEED ON SECT.02822). ( 0.0E SPANDREL CLASS g 1 2.02 CHAIN-LINK FENCE WITH SECURITY FENCING UP TO 8'-0• e.m CHEATS CLASS H N m 3; 3 33 3 I CeJ a 9.01 UNOBSTRUCTED PATH,AS OYENSWO Sw11 MEET ALL GUIDELINES FOR ACCESSIBILITY ABOVE FINISHED GRADE(SEE SHEET A-7.0 AND SPECOIGIK)N SECT.02822). To BE PLANTED OS/A YELLOW. 0 1 2 arS 8 J J30 ♦ F Li 5 YJ j B i ] ].1] B < 9 2.03 CNNN-IINN GTE SEE ABET A-]A,FOR SIZE AND ME.AND SPEC SECT.02822 I � 2.01 TRENCH LAWN(SEE DETAIL II/5-3.0.SHEET P-1 AND P-3,ND SPEC SECT.IS131). 9•°2 12•NIGH HATTERS PANTED WHITE m ,mNN ,mVy 'm'rn W 2.0!{8.1H1GIH•75'LONG TUBE STEEL GUIRORAL/FENCE(SEE DETAL 9/5-3.0) ) 1G01 NJININUY CANON -3O-0'a5'-0•-MOUNT O Is'-{•A.F.F.(SEE SPECIFICATION Q 8 � � ~ 3� _ SECT.10530). Eif I K 207 TUBE STEEL STEEL GAATE(SHEET A-].0.FOR SZE LAND TYPE O SPEC SECT.02825) IGO2 EDUMIMJY CANOPY-5'-0•t5'-0"-YOIIM O B•-0•A.F.F.(SEE SPECIFICATION 3 W LOe TREE WELL REFER TU WIpSCUPE SECT.10530). O 11.01 TRASH COMPACTOR-MNN6HED AND INSTALLED BY OWNER(lOWES). ].Ot CONCRETE MAIMING WALL W/s•10p1 CONCRETE CUTA(SEE SEEMS 5-1.0 AND 11.02 DOCK LEVELER-EDfZ-0OF-DOCK MOUNTED(SEE SPECIFICATION SECT.,I,60). f& - 2B-B T 2 _ r rF -0 5-3.0). 302 CONCRETE SIDEWALK. 11.03 DOCK LEVELER-PR-MOUNTED(SEE SHEET A-3.0 AND SPEC.SECT.I I160). 11.04 DOCK SHELTER(SEE SHEET A-LI AND SPECIFICATION SECT.I I160) 3.0]TACRE WARNING GROOVES IN CONCRETE(SEE SHEET 5-3.0). 6 I I I _ O 11m,CONCRETE FILLED SLANG(SEE STRUCTURAL O QML DRAWWCS). 1301 SAME SYSTEM( -OPAL"FONPOLYCARSECT.1 PANELS OVER STRUCTURAL ___ ___ ___ 2-O lUBMG SYSTEM(SEE$PECIF1GnON SECT.13123). I FENCE(ABODE SLM)r 3.05 CONCRETE TRANSFORMER PM,VER6Y SIZE C LOCATION PRIOR TO POURING(SEE 13.02 RAN BARRIER-PROVIDED AND INSTALLED BY SHADE STRUCTURE MANUFACTUREC DESIGNED BY SHEETS A-4.0 O S-I.o). 01%FLOOR A SHADE STRUCTURE MANUFACTURER'S GADJACENT ENGINEER TO MEET STRUCTURE CODES AND STRUCTURAL REQUIREMENTS.M U V SHOE CONCRETE G-1.0). fl PM VERIFY SIZE C LOCATION PRIOR TO POUPoNG(SEE CON51RUCtED OF WTFJiNLS MATCHING ADJACENT SIN$STRUCTURE[E.G.POLYGNBONNE STEEL TUBE - B A-z} _,___ ' _2 SHEET A-♦A C 5-1.0). MEMBERS.FLASHING,ETC.)LOCATED AT REAR MOST SIDE STRUCTURE ROOF TRUSS CREAnNG SIY 4Y 3.07 CONCRETE SLAB ON GRADE(SEE STRUCTURAL DRAWINGS). t 2 RIGHT ELEVATION WEAN -PROOF BARRIER FROM SHADE STRUCTURE RIDGE LINE OVER TO WN BUILDING WALL AMC HEIGNT 0.0D JONf SEALANT OVER I/2•DPNSION JOINT F,rm(SEE SPECFICATON SECT.0]920). .,.� ••,,,,,•••,,.,, ,•.,, . „•,,,-„,,,-�„•,!•,,.,, Ix-0 S t+SOP wT0 3.09 CONCRETE STAIRS(SEE SHEETS A-5.0 AND 5-33). GENERAL NOTES: 3.10 CONCRETE CONTROL JOM(SEE SHEET 5-1.0). 1.) F.O.M.-FACE OF MASONRY 1].)OCT.CONTROL JOINTS SHOWN ON A-x.o. 111 CONCRETE BASE 2 FA.G-FACE OF CURB IBJ AIL CMU HAVING EIREFOR AND INTERIM m° 3. A.M.O.-ACTUAL MASONRY OPENING FJP041RES.NOT GROUTED.SHOULD u �j 4.01 BUILDING EXPANSION JOINT.NT (GLEN DISTANCE D) RECEIVE FOAM RAID NSUtARD. FINO1.02 41SONRY CONTROL JOINT.TYPICAL(SEE SHEETS A-5.0 C S-J.1). {J NL O01FN40N5 TO O FINISHED FACE 19J AT CUSTOMER RLOADINGCOVE CANOPY AND lIl Sg u OF WALL OR MATERIAL OR AS IiTNERMSE GNASH CENTER COVERED AREA NETPANTQ u, p If 3 LBy m Z 1.03 SINGLE SCORED SMOOTH FACE CPU. SEE W ALL DECK METH.,SEA AND PEED 3 L i o 1.01 SPLIT FACE CULL sJ CONSTRUCTION LEGEND FOR WAIL ROOF DECK NO WHITE UNLESS$PECKED A $ g $ i p Z 1.05 SMOOTH FACE C.U. _ jt q 3 Q F 1.0E BULLNOSE CMU ACCENT BLOaC 0.) AAmRABOVE fINBHED FLOOR(SALES 0 1 zz 3 3.30 4 H 38 )S B tl 7 7.13 B B 1.07 S9WIE SCORED SPLIT FACE CPU. 7. SEE SNFET A-6.0 FOR DOOM SCHEOULE: ---- - 3 7 ir O M YJ i �' ' � W Z o I.oe STONE VENEER. ) SON SHE A-e.1 FOR WINDOW - d Wg W I 8 � gm d $ w 8 \ W Z 0 1. COS IO HIGH CMU SCREEN WAIL 0.) SEE SHEET A-7.0 FOR GTE SCHEDULE I k �o±W ; C 5.01 METAL DOWNSPOUTS.PANTED. B.) SEE S CONTROL JOINT INF FOR CONCRETE I I T WO I \' I � I H�He I iBRA1,E ` O L Q SUB CONTROL JCM SHEETS FOR CONCRETE 0.O1 METAL GUTTER.PAINTED. 1oJ FOR LOCATION OF FOE EIFINOUI4ER5 I ' < V_) i m m 5.03 STEEL CANOPY(SEE SHEETS A-2.1,A-3J,A-_lA S-{.{,S-{.6 AND 5-I.x).PAINTED. REFER TO FIRE PROTECTION SHEETS w g I1.)PRdAE(2)8•APE BOLLARDS AT 66 ) W �L1 N 0.0{STEA TUBE PANT. GAS METER,IF REWIRED.SEE SITE. fT N G 5,05 ROOF ACCESS LADDER PAINTED(SEE SHEET A-7.0). 5 ORAL AND PLUYBNO PLANS FOR I G I B OPI LX O m m g 5.0E FORKLIFT DAMAGE PREVENTION BURS-I5'-OL W/BDT.O 9'-6•A.F.F.(SEE SHEET 12.)ALL UNOBSTRUCTED PATHS SMALL LQEf ALL GUIDELINES FOR ACCES9BRIIY I _ Nem WAIL A ORIGNAL ]/A-L2). AND ARE TO BE PAINTED OSHA YEU.OW. I 18 A-5.0 ' r r ' ___ 1 -0�� -GATE, 03.01.05 S07 FDRKUFr DAMAGE PREVENTION BARS-r-ul W/BOTTOM O 9'-4•A.F.F.(SEE SHEET 13.)BRACE ALL STEEL STUDS ACCORONG TO R. ]A-2.2. MANUFACTURER'S UYDNC HEIGHT 1 - i i i i i,... FlNIBII F1fOR A PERM GATE / ) o-0' C• IsnNE GTE: 12.29.05 S0e FOIO(IIR DAMAGE PREVENTION BARS-IB'-07 W/BOTTOM O 13'-6•A.F.F.(SEE SEE SPECS 1ld -------- CONS'N,KT, GET - 1{J SEE SPECS C FOUNDATION DEWLS o o RIGHT SHEET A-2.2)]/A-22. FOFONFEN.SSPACE��TO AVOID (BEYOND) 11=2 O• 19'-{' EB'-8- I � 1B•-0-01 E1 O pMy NgK 0.09 PROVIDE♦.PPE BOIIIADS(SEE OETAR 3/S-3.1)-NUMBER AND LOCATIONS PER CONTROL 30-8 65-♦ 8♦•-0•) ,D2•-0• ,2D•-0"1,3r-e1 152•-0 ITB•-0 198'-B 2.>n•-D•2.3•-.• ,� ELEVATION/SECTION y ARCHITECTURAL AIMS AND DOOR DETAILS. 1SJ W GAP LARGER THAN 2.6 PERYInEp /� AT CHAIN LINK FENCES.GTFS ETC. LEXaIIONS B'-{• e /.O 5.10 PROVIDE 8•POE BOl1MDS(SEE DETAIL 3/5-3.1)-NUMBER AND LOCATIONS PER IS.)MOUNT ALL SLIDING GATES ON ou14DE {e-0• !l L ARC01ECTARAL PLANS AND DOOR DETAILS. OF ENCLOSURE FOR FINAL 41E RAN Iff� I' YATLR•AL.14rm � U 1 4 LOWE'S of BOZEMAN �LGWEE'S' MATERIALS ---� w S t.;YiN V7MEMA i • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • 8 .R _ _ sm A • amn& Pattern Selection Guide BOMACRON PATTERNS Bomacron patterns are a textured version of the original Bomanite patterns. This product is cast-in-place,colored and imprinted,plus it provides added dimension of texture and relief between the joint lines(shallow joint configurations). Please note.In this selection guide the following tools can be used for Bomanite min-Set applications Ashlar Slate,English Sidewalk Slate,Basketweave Used Brick,Herringbone Used Brick,Running Bond Used Brick,Soldier Course Used Brick,Stacked Bond Used Brick,Boardwalk,Random Boardwalk,Basketweave Boardwalk,Wood End Grain, Garden Stone, 12"Braided Border and Yorkshire Stone.The following textures are available in seamless texture mats and can also be used for Bomanite Thin-Set applications. Canyon Stone,Coquina,Granite,limestone,Sandblast Limestone,Regular Sandstone,Light Sandstone,Regular Slate,English Slate,New Ught Slate and Used Brick. For a full list of Bomanite Thin-Set patterns please visit our website www.bomanite.com. Slate Textured Patterns Ashlar Slate English Sidewalk Slate Herringbone Slate (English Slate Texture) I (English Slate Texture) (Rustic Slate Texture,Rustic Joints) 72" I�-18"� Fi a' El Tool A shown ?' Also available in different i 1 stone confi orations - b 28" y "x 2"Tool B-2 stones:18 1 - 24" : Tool C•I stone:18"x 36" 20" 2� Also available • i,�;:' �` Tool D-2 stones:18"x 9", v24"--►� 18"x 21" Regular Slate Tool C Tool B Tool A 45" Texture Available as triple tool as shown or as individual tools Tool A-Individual stones vary in size from 9"x 9"to 15"x 14'/4" Medium Ashlar Slate Tool B-Individual stones vary in size from 6"x 12"to 12"x 15' (English Slate Texture) • Tool C-Individual stones vary in size from 7"x 12'h"to 21"x 9" 12"x 12"Slate(Rustic Joints) i ' Tool A shown- Riverside Slate _ r Individual stones (Rustic Slate Texture'Rustic Joints) vary in size from _ 10" _ 8"x 9"to 20" Tool B with 24" .» } different stone 124' r a e — configurations t i 12" ? 10" from 8"x 9"to 16" 21"x 32"also : : .. '.•'.`: yl 10" avaUable 16"��g" F�--36" 60"^` 24' ~I Available as individual 12"x 12"tool or as 36"x 24"tool as shown.Also available as 48'x 12",48"x 24",72"x 24",and Random Slate with V square joints as 36"x 24"tool (Regular Slate Texture) r 57" .i`. 102 {"---102" 102" + 102" Tool A-Individual stones vary in size Tool B-Individual stones vary in size Tool C-Individual stones vary in size Tool D-Individual stones vary in size from 18"x 32"to 40"x 41" from 26"x 27"to 40"x 51" from 19"x 30"to 35"x 43" from 16"x 32"to 30"x 53" Slate Small Random Slate 8"x 8" (Regular Slate Texture) (Regular Slate Texture) Running Bond Regular Slate I--16" I (Regular Slate Texture) 16" F-7�-J Regular Slate texture available in 8'x 8",16"x 16',18'x 18, I_65" 1 24"x 24",30"x 30",30"x 60",36"x 36",48"x 48",60"x 60", Tool B shown-Individual stones vary in size e� 64"x 64",74"x 74",110"x 74", 114"x 114" from 20'x 23"to 20"x 26" 40" English Slate Texture available in 15"x 15",16"x 16",24"x 24 , Tool A with different stone configurations 32"x 16',24'x 36",36"x 36" from 16"x 21"to 41"x 21"also available Also available in 12"x 12" Rustic Slate texture available in 12"x 12" Granite Textured Pattern Circular Granite Stone Tools A,B,C&D fit together to complete a circular pattern,stone sues average S"square 42'h" /I 45'/."® I 'I 35" I ' 46h" VrA® 1 ML u g Tool A—0 to 2%i radius Tool B—2'/2'to S'radius Tool C—S'to N'radius Tool D—7%2'to 10'radius Fishscale Granite Radius Fishscale Granite Setts Granite 34V 20%' 12^ ` ITI 2 55" F�---46f:" I I~12"—� Individual stones very in size from Individual stones vary in size from Also available in 10"x 10",24"x 24" 3%2"x 41/2"to S'/r"x 1%t" 3"x 4"to 4"x 4%" Flame Finish Granite Texture available in 14:'t"x 14%",48%2"x 48''A" Herringbone Granite Running Bond Granite 4"x 4"Granite Setts 48" L A 39%' 40^ .P. t 2 � 39'f." 24" Also available in 6"x 6,12"x 24" Also available in 6"x 6" Limestone Textured Patterns Sandblast Limestone Sandblast Mission Sandblast Runnin Bond Sandblast Limestone g Limestone Octagon Paver Limestone Limestone (limestone Sandblast Texture) Frayed Edge (limestone Sandblast Texture) (Limestone Sandblast Texture) (limestone Sandblast Texture) Frayed Edge •{��:�'�ri}'i r �'`�,�.r =w•N.' ;s_••< •. _ - I ,'°� u.; =k 'a.��=ir'�y,¢ t�`°"�-4"i'� s dy Z `�, yy��"'-0.14X,rn-l!�:::���,'�'. y?.�� :f•.1+''Y _ ai) 28%" ;;:ifti f;�.s;_�1-�;�z,� 1 :.c, .w ' ..i I + Ely �•M.;3 I .br^ 2�3 tip,X.iSn• .5 3,r n.. /' r: r+ - �t 24" 36" 3 F;?Y' -st k A `»`7 €! s act.':k) ;ir Y?1�r _l,<c:`•.'t' 29' `!:Y^"•il`wY.wet3�'+i"0.'4i .f Ft� •.11:q,•'•,'27'/." 12' Yyytl r > rtil;::y 1 i.H a 24' j�-24'—► Also available in 48"x 48" I Sh►I ��'� 12" -24'—�I r 36" Also available in 12"x 12" Used Brick Textured Patterns Basketweave Used Brick Herringbone Used Brick Running Bond Used Brick .7-31 � n l.4 B^ Also available in 2/� x 7%" Sri Isidro Used Brick Soldier Course Used Brick Stacked Bond Used Brick 93'4 i 8j^ 24" 25 fn R4"1 Individual stones vary in size from 64"x 92/c"to Also available in 4"x 12"brick. I—BLI 4'/4"x 10",thin joint 24" BOMANITE PATTERNS Bomanite patterns are the original cast-in-place, colored and imprinted architectural concrete paving. This product provides the client with an imprinted pattern that has a smooth surface between the joint lines(deep joint configurations). Brick Patterns Basketweave Brick Herringbone Brick Running Bond Brick Soldier Course Brick Stacked Bond Brick D�o�O �000; j o 1" 7 23" o00 1 O 24° 000� g 24 MOIL =0a� O 00000 .�0000t o�rl �— o0o rl ---24• I`8"�I �/�-23"—►I �_24" �8~I Also available in 4"x 12" -8"7 I 24" Also available in Bomacron style Also available in Bomacron style Also available in Bomacr and in Bomacron style 2"x8"and4"x8" on style 4"x 8" Flagstone Stone and Rock Patterns Fieldstone Fishscale Cobblestone a C.J QC 24" h'� o OOOo 32" 41 �! <aDC7 � �.o�C1ri 56" 36'----) Individual stones vary in size from 4"x 5h"to 5'h"x b" Individual stones vary in sire from andom Stone 4"x 7"to 5y2"x 7% River Rock(4"to 6") Running Bond Cobblestone r JoT Ua -T o DOCOC d oO G 21 i5" -- ----- ==C 5y," 36' Individual stones vary in size from 3'h"x 5%'to SY?x 8%" Also available in b"x 12"pattern rite Patterns Hex Tile Moorish Tile Running Bond Tile Tile -- (Bomacron style only) o 3" DLI 12" r � O 27%" 1 3'h" 25" r 24" ITEILIEL] 2Y Also available in 6"x 6",18"x 18" Also available in 9"x 12", and in Bomaaron style 4"x 41, 1)"A"K11% 34"" _. _._ _ _ 12"x12",24"x24" ._ .. _.. Design Considerations Bomanite and Bomacron are not usually intended to be an exact simulation of natural materials but are nnite sometimes utilized to achieve a similar feeling or appearance.Bomanite and Bomacron tend to have a rustic feel Up—CORPORATION and certain variations in color,texture and geometric precision are expected.Both are handcrafted from a large P.O.Box 599 Ochise of concrete under varying jobsite conditions and,therefore,do not have perfect uniformity.If you are Madera,CA 93639-0599 nlliar with the appearance of Bomanite or Bomacron,we recommend that you contact your local Bomanite PHONE:(559)673-2411 Partner to view actual installations or samples. FAX:(559)673-8246 www.bomanite.com Custom Patterns Bomanite`and Bomoaon°are registered trademarks and servicemarks with the U.S.Patent Office and other countries. The patterns depicted on these pages are only some of the patterns that are currently available from your local *Copyright 2005 Bomanite Corporation.All Bomanite°Concrete Graphics®patterns Bomanite Franchise Partner and Bomanite Corporation.If you are unable to find a pattern that fits our articular are the property of Bomanite Carporofion and cannot he copied for arty purpose. P Y P Y P, Printed in U.SA IOM605 project needs,consult your local Bomanite Franchise Partner regarding the design and production of custom patterns. Bulletin 325 Miscellaneous TexturoPatterns Coquina Running Bond Coquina Small Sandstone Large Sandstone Sandstone Octagon rile (Light Sandstone Texture) 7 . t........... • F '"',r>y, ;n 12" r._..-_..k� r� 1 T: 4 !7 66' 48" F square.- 4 -72' Also available in 24"x 24" Individual stones vary in size from Individual stones vary in size from 48" - 8"x 12"to 12'x 21" 33"x 51"to 42"x 51 Boardwalk 6"Random Boardwalk Basketweave Boardwalk 11 Y" VARIOUS LENGTHS 30" 48" Available in 2',4,6'and 8'lengths 14 .4 Yorkshire Stone Also available in 11 V2' Wood End Grain Creek Stone Canyon Stone 44Y,. 24--1 [--24--1 Individual stones available in both a Horizontal texture and a 45-degree texture in sizes varying from 6"x 24",12"x 12", I6 12'x 18",18"x 18",18"x 30",24"x 24",30'x 30" 24' 6' --1 T and 36"x 36" —44%' 3 Individual stones vary in size from Individual stones vary in size from Garden Stone 02"x 4'/2"to 14"x 101h' 8"x 12"to 12"x 21" (English Slate Texture) Lo Paz Stone Acloquin rile Mediterranean rile MIR a ON (English Slate Texture) 5 square 48" 48' ONE INS" 17 I MEN= 34' y. 2" Individual inner stones are I W, Individual stones vary in size from outer stones are 3V2'x S' Vj'x I"to 15'x 21' Running Bond Belgian Block Fishscale Belgian Block Roman Cobble 32%"-1 ER 30' 30W 30' 48' I--23W Individual stones vary in size from 5'x 6%'to S'x I On Also available as Kiddie Running Bond Belgian Block at 40%of Individual stones vary in size from 3"x 3"to SM x 6' --Tool A shown—Individual stones very in size from regular size(individual stones from 2%"x.4"to 31/4"x 6") Also available as Kiddie Fjshscale Belgian Block(33"x 191/4' 4"x 4"to 7'x 20" pattern with individual stones from 2"x 2%"to 4'x 3") Tool B with different stone configurations from 4"x 61/2"to 8"x 19'also available Concrete Graphics and Other Patterns 3-D Graphics New 12' Braided Border Paramount Graphics Pershing Square Graphics 42- 2A' 18. 36' 14W 30' 12" A8' 1. , 1 24' 12"d AB" 30 _40_ • • 9 i • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • • 10 �. 0 • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 1 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 12 Cinmercial Rail Fencing 4661 -8 9q" O.C. (w/2" Posts) 94" actual rail length ,Allow 1/4" for Hanger & Screw 4j"to 1st Picket 0 4r IM 72" 96" 1j"STx14ga Top & Bottom Rails 2" Side View • J"STx18ga. pickets (20 per panel) Pier and post length may vary by soil type, 5 between field conditions and application. 6" o.c. 2"STx14go post (shown) Part Number 4661 -8 Powder Coat: Semi-Gloss Black (Std.) Press on post cap, Stainless Steel zinc plated, stamped steel. Panel Hanger Galvanized Steel Panels 1/4" Description Part No. Full MIG Weld around 2-Rail Panel- 5' Tall 4651-8 each picket at rail 2-Rail Panel- 6' Tall 4661-8 2-Rail Panel- 8' Tall 4681-8 3-Rail Panel- 5' Tall 4652-8 3-Rail Panel- 6' Tall 4662-8 3-Rail Panel- 8' Tall . 4682-8 3-Rail+Rings- 5' Tall 4653-8 3-Rail+Rings= 6' Tall. 4663-8 • 3-Rail+Rings- 8' Tall 4683-8 -Tue�F_ Si EF-i-C-Et �?CPaMPL6 —�E-5 T pA �D• VIEW: MULTI SCALE: 3 8 =1 Enlarged to show detail. DRAWN BY: M Honzo RSt52_��n_TTJn1�T DATE: 04.30.2001 • • 0 2 1/2"OX 12 GA. POST Al 1Y8" 1Y8" 96"O.C. ,� T" 1 3/4 FORERUNNER RAIL 9�/sa 1"OX 14 G.A. PICKET }��iE-Hrt" VAR-iES p �I lAT1oNs 88Y4" 96" 4" - °.; °. °. 3.98" TYP. ° 3611 A 3 X 12 GA. POST ALSO AVAILABLE o Tuc,E SGt � c 0 AEGIS II MAJESTIC 8' TALL 3 RAIL X 8' NOMINAL LENGTH PANEL 2MX30948 Lj- 1555 N. Mingo DR LZN P 1 of 1 SCALE: 1 2" = 1 ' AMERISTAIVTulsa, 21 74116 1-800-321-8724 CK GV Date 9- 18-03 REV 1 SINGLE SOURCE SECURITY SYSTEMS www.ameristarfence.com Now .. P:::� � •�:••-.mil. n. man I mai - �:�: .: r. ••r..-ter: f / 1 DaL-L, ur VIM 1r-MLML ; I REF QTY DESCRIPTION 1 2 11 GA X 43 X 48 393/4 X 48 4 1 7 GA X 36 3/8 X 73 3/4 . 5 1 7--GA X 55 1/8 X 56 5/16 6 2 1 1 2 X 1 1/2 X 3/16 A G X 81 3/ 7 .1 7 GA X 48 X 56 5/16 1 3'-4r CLEAR TOP OPENING 4 4'-3. 1/2' 52' LONG X 60' WIDE o 5 8'-4 1/4" 6 5'-9"� RJ-275-XHD TOP VIEW 6'-1 3/4"--- q.r 2 3 I ❑ APPROVED - MANUFACTURING MAY PROCEED, ❑ APPROVED. EXCEPT AS NOTED - RESUBMIT t DRAWING, MANUFACTURING MAY PROCEED. ❑ NOT APPROVED - CORRECT DRAWING AS ' NOTED AND RESUBMIT. APPROVED BY- _ COMPANY, 8' DATE, _ - _-�_- WEIGHT CAPACITY-------- f CYCLES PER DAY- _ __ } NOTE, APPROVED COPY OF THIS BRAVING MUST BEI. ! 1 RECEIVED TO BEGIN MANUFACTURE OF UNIT. 4'-6" 4' nn_E: RJ-275—XHD W/ SIDE FEED CHUTE AND FLARED HOPPER FOR LOWES DR.JR 8S CK. JAPP. DATE: 4 1 05 3'---� ffffm ° 0 .n SCALE•+/2 REAR VIEW VVERNON AL. TOL: YERINGTON NV. . DRA\. 0. novoTnuT /r1� 1IAOATL.-K. rnl:iToLArniT rnuo A►iV CLEARFIELD PA. —i� -275—XHD COMPAC�`` OPOSAL DRAWING _ J THIS IS A CONCEPTIONAL DRAWING ( 12 1/4 ONLY, SOME DIMENSI❑NS MAY VARY DR.BS CAD.BS DURING ACTUAL DESIGN, 2'-1' RETRACTED MIN, f-9 7/8 APP.DA 2'-9 1/2' EXTENDED .MAX. 0 0 o O DATE: 3 3D 05 SCALE:3 4"=1' VVERNON AL. TOL:t — 1 16 YERINGTON NV. DRAWING NO. CLEARFIELD PA. 60926 0 0 0 ❑ APPROVED - MANUFACTURING MAY PROCEED. ❑ APPROVED, EXCEPT AS NOTED - RESUBMIT 25 3/8 DRAWING, MANUFACTURING MAY PROCEED, ❑ NOT APPROVED - CORRECT DRAWING AS NOTED AND RESUBMIT. APPROVED.BYi ---------- COMPANY, --------------, __________ _____ 75 DATES _ ----- 69 1/8 BOLT 8'WEIGHT CAPACITY _ 52 � CYCLES PER DAY- _ ------ CENTERS REF. IOTEi APPROVED COPY OF THIS DRAWING MUST BE REF, RECEIVED TO.BEGIN MANUFACTURE OF UNIT, 60 CLEAR TOP ❑PENING • 0 0 0 TOP VIEW 150 69 1/8 93 57 12 2 60 48 48 . 32 1/2 9 14 5/8 60 I Imo--.SIDE 137 INS . BOLT CENTERS _ 'REF. 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PATTERN-.WEIR TO A-2D FOR Coven) (BFKWID) (BE)OIM) �4• PAI43mrt-,E2FR m 9 FRAME-cmN1W.5 AT CRD§ f 7-D•HIGH TLC STFII - II _ I e/�T.1 G-0'MxDt,KSOHDII I t%!J Z m EFNCE W/�OeP:A�w BM E FAc K �•�—� W,yy O v w SCREEN OsHM) H.xls i I I BQ)TOM RAIL --- Q Zw Has 6W6C -t»RRD9E ¢ BUM STORE sm W i/W AT 2/• - ----------- Zf ACD ZU) OTPASN �sSS. - _ S g Z H1 ll 2 3 I I I EJ I I I i I I I T I B I FDR FDDrI6 s�AND Q W w W i PAI,T-O•HIDE 10'-0- 'i. •- ..r-•S'.. RF]IET.SALE SMUCIIXUL C) ty NOIL I ,Dot ImE STQL GlES .L^^�. _'`;••:.• Q O O 02 W/OPADIE FABRIC SCREEN 6 eoa e/w-amuHm stEE.ts (BE,om) I• I •IC'�III E J C�m g o OPEN Wm CiDSm• •—G A I I I I I I�I E� H n I PR41O S I L'Sc_EiWSE, 03.01.05 SCREEN WALL AT PRA TRASH COMPACTOR.. G,E Tzzs.os SCREEN WALL AT ENLARGED PLAN TRASH COMPACTOR 2 !WE 1 EUIE Y1*I'JT L20 ORANOG.ANG62 3 STAGING AREA A-7.1 FON NAIL wm PUN /'-`� � � 13 �� �. MOMSON NNERLE, iNc. Technical Memo An Employee-Owned Company • To: Chris Saunders,Assistant Planning Director, City of Bozeman From: Molly Skorpik, P.E., MMI Date: July 14, 2006 Subject: Bozeman Lowe's—Transmittal of Response to Final Site Plan Review Comments on Stormwater Detention Pond Maintenance Requirements MMI#: 3373.003 Cc: Keith Belden, P.E., MMI Steve Laufenberg, MMI This Memo is being prepared in response to the City of Bozeman's Final Site Plan (FSP) review comments, dated July 6, 2006, for the Bozeman Lowe's project. This Memo is intended to clarify the conflicting requirements between the Section 404 permit (issued to Lowe's H.I.W., Inca on May 12, 2006) and the City of Bozeman's commercial development regulations regarding maintenance of the stormwater detention pond that will be constructed as a component of the proposed Bozeman Lowe's development project. More • specifically, this Memo will explain why future mechanical maintenance (i.e., sediment removal) of the stormwater detention pond is prohibited and demonstrate why mechanical maintenance will.be unnecessary. As described in the March 2006 Bozeman Lowe's Joint Application for Proposed Work in Montana's Streams, Wetlands, Floodplains, and Other Water Bodies'(Joiht Application) and the March 2006 Bozeman Lowe's Wetland Mitigation Plan (Mitigation Plan), the proposed development of the Bozeman Lowe's site will impact jurisdictional waters of the U.S., as determined by the U.S. Army Corps of Engineers (USAGE). Asa result, Lowes H.I.W., Inc. is required to provide compensatory wetland mitigation on site in order to offset the permanent wetland impacts. As detailed in the Joint Application and the Mitigation Plan, compliance with the required compensatory mitigation will be achieved by constructing a wetland, in which the stormwater detention pond will be co-located. One of the standard USACE Helena Regulatory Office requirements for a constructed wetland mitigation site is the establishment of a Deed Restriction that protects the wetland mitigation site in perpetuity. Associated with protection of the mitigation site is the restriction of invasive maintenance activities within the constructed mitigation area. As such, the Section 404 permit issued by USACE on May 12, 2006 specifies that, "Future impacts to the site are prohibited. No maintenance activities associated with the stormwater detention basin may occur at the mitigation site." In order to meet the requirements of the Section 404 permit, maintain the function of the stormwater detention • pond, and eliminate the need for stormwater pond maintenance, a stormwater conveyance, treatment, and maintenance system has been designed for the Bozeman Lowe's site. This.stormwater system is described in detail in the Technical Memo: Bozeman Lowe's Stormwater Detention Pond Maintenance Page 2 Morrison-Maierle Inc July 2006 • Supplemental Information to the March 2006 Wetland Mitigation Plan for the Bozeman Lowe's Project(Mitigation Plan Supplemental Information Memo). The Mitigation Plan Supplemental Information Memo provides a description of the several catch basins and sediment traps that will provide sediment removal from the storm water prior to its discharge into the stormwater detention pond. A secondary treatment of the stormwater system will consist of the installation of two sand/oil separators that will function to detain and prevent oils and sediment from entering the stormwater detention pond/wetland mitigation area. In addition, a vegetated swale has been designed to convey the treated stormwater runoff from the northeast corner of the Lowe's development footprint into the western end of the detention pond and will function as a tertiary filter for the final removal of fine sediment material that may have passed through the stormwater system. The sediment traps will be maintained in accordance with the Bozeman Lowe's Stormwater Maintenance Plan (Maintenance Plan) that is developed for the Bozeman Lowe's site. Routine maintenance will include pumping of the catch basin sediment traps and disposal of the sediments at an approved location. The sand/oil separators will also be maintained in accordance with the Maintenance Plan and will include pumping of the sand/oil separator tanks and disposal of the pollutant-laden sludge at an approved location. A qualified stormwater system inspector will be responsible for routine inspection of the catch basins, sediment traps, and sand/oil separators. The maintenance tasks and schedule is provided in the Mitigation Plan Supplemental Information Memo and will be confirmed in the Maintenance Plan. The proposed stormwater system for Bozeman Lowe's will effectively prevent sediments and pollutants from entering the pond; therefore, mechanical maintenance (i.e., dredging) of the pond should never be required. However, the restriction of mechanical maintenance will not preclude the manual removal of debris/refuse that may be deposited into the stormwater detention pond via water, wind, Baxter Lane, etc. The manual removal of debris/refuse is anticipated to be periodically required in order to maintain the aesthetic integrity of the stormwater detention pond/wetland mitigation site. The proposed stormwater detention pond and conveyance system will effectively: .detain stormwater runoff; prevent sediments and pollutants from entering the detention pond; eliminate the need for invasive maintenance; meet the requirements of the USACE-approved Section 404 permit; and therefore,satisfy the intent of the City of Bozeman's stormwater detention pond maintenance_regulations. • � i \ 730 I °I►III �� 0 i `� 111111 1 � ' IIIJif \ Z P' If� J! 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I (<\l\ I'�a.�� rI►III III,- :^ m�.Y+ \_ I N I V N 1 N I JT_ Z� • \p I I v ' I U o1 ml N a o v 37 n v o v i m w --i v ° m I t++ I N z o N N e o Q' zz z o D z z ° rt ; m m n A n v z \ _u ° U O U O a cn m N cn ° cn n ° m �� n n O `\ O O cl Z D Ai 5 x 0 i L mo�F IT M I m� DETAIL SHEET dR8 O Z o c o m g CIVIL DETAILS - Elm E a� �a ° AMAIERL MORRISON < LOWE'S ofBOZEMAN 5ffi E,>Nc. , 5 E W N,p� BOZEMAN,MONTANA F� m "°"`won M `KWi�c2DA'; „A - can • •PROJECT Na 3373.13D3 I DRAWN BY:MJOI CHECKED BY:KSB • •-•`T' S' • • • • • 14 1 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 15 • VACANCY MITIGATION AGREEMENT The parties to this Vacancy Mitigation Agreement ("Agreement") are Lowe's FEW, Inc., a Washington Corporation("Owner") and the City of Bozeman,Montana("City"). WHEREAS, the Owner received conditional use approval to modify the Saccoccia Planned Unit • Development, (#Z-05128) to construct a large format retail store in exceed of 75,000 square feet on Lot 1 of the Saccoccia PUD, more particularly referred to as Tract 2B1 of Certificate of Survey 1215G within the city limits of the City of Bozeman, Gallatin County, Montana; and WHEREAS, as a condition of the approval requires the Bozeman City Commission approve a . detailed Renewal Plan, which addresses all of the criteria set forth in the Unified Development Ordinance ("UDO") Section 18.40.180D; and WHEREAS, on June 6, 2006, the Bozeman City Commission approved the Owner's Renewal Plan, which is entitled "Vacancy Mitigation Procedures for the Lowe's HIW, Inc. ("Lowe's") Building" and attached hereto as Exhibit A and incorporated by reference herein; and WHEREAS, the parties hereto agree that the Vacancy Mitigation Procedure may never be implemented and therefore, the parties cannot concretely estimate the costs of maintenance of the exterior of the building, parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system for an unknown time in the future; and WHEREAS, in the unlikely event of permanent vacation of the.Lowe's building, the effectuation of the Vacancy Mitigation Plan and the Owner's inability to reasonably maintain the building and the lot, the Owner shall simultaneous to the execution of this Agreement pay the City of Bozeman $25,000 ensure that the City of Bozeman may maintain the exterior of the building, parking lot and private drive, storm water system, outside lighting, landscaping and irrigation • system and regular removal of trash and litter; and VACANCY MITIGATION AGREEMENT • WHEREAS, upon payment of the $25,000 to the City of Bozeman, the City shall then be fully financially secured for the maintenance of the exterior of the building, parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system and regular removal of trash and litter and Owner shall have no additional monetary obligation pertaining to the Vacancy Mitigation Procedures; and WHEREAS, in order the secure and effectuate the terms of the Vacancy Mitigation Procedures for the Lowe's HIW, Inc. the City and the Owner enter into this Agreement. NOW THEREFORE BE IT RESOLVED, The Parties hereby agree as follows: 1. Incorporation of Recital: All recitals set forth above are incorporated in the body of this Agreement as if set forth in full. 2. Effective Date: This Agreement shall be effective upon signature of the parties and the payment of funds to the City of Bozeman. 3. Attachments: The Attachments cited herein are hereby made apart of this Agreement. 4. Maintenance: The Owner agrees to maintain the exterior of the building and the parking lot and access drives in a good condition during any vacancy. Should Owner fail to maintain the • exterior of building and parking lot and access drives in a good condition during a period of vacancy, the City of Bozeman may provide notice to the Owner, at the address provided below, of such failure and demand that such maintenance commence within the thirty(30) days from the date of Notice. Should Owner fail to commence said maintenance within 30 days after the Notice,then the City shall have the right to cause such maintenance to be completed utilizing the $25,000 payment or any portion thereof. The Owner and the City mutually warrant each to the other that the Vacancy Mitigation Procedure attached hereto and incorporated shall be in full force and effect until such time as the parties hereto amend, modify or revoke the same in writing after notice and an opportunity for the public to comment on any proposed amendment, modification or revocation. 5. Notices: Lowe's/Owner: Lowe's HIW,Inc. Box 1111 (Highway 268 East) North Wilkesboro,NC 28659 Attention: Property Management Dept. (REO) City of Bozeman: City of Bozeman P.O. Box 1230 (411 East Main) Bozeman,Montana 59771 Attention: City Manager VACANCY MITIGATION AGREEMENT 2 • 6. Attorne 'sy Fees: Should either parry be required to resort to litigation, arbitration or mediation to enforce the terms of this Agreement, the prevailing party, whether plaintiff or defendant, shall be entitled to costs, including reasonable attorney's fees and expert witness fees, from the opposing parry. If the court, arbitrator or mediator awards relief to both parties, each shall bear its own costs in their entirety. 7. Third Party Rights: No person or entity who is not party to this Agreement shall .have any right of action under this Agreement. 8. Scope: The Agreement constitutes the entire agreement between the parties and no statement, promise or inducement that is not contained in this Agreement shall be binding on the parties. 9. Assigns: The benefits of this Agreement to the Owner and the City may not be assigned without the express written approval of the other party. Such approval may not be.withheld unreasonably, but any unapproved assignment is void. 10. Severability: If any part, term or provision of this Agreement is held by the courts to be illegal, the illegality shall not affect the validity of any other part, term or provision, and the rights of the parties shall be construed as if the part, term or provision were never part of the Agreement. • Dated this day of 2006. [signatures to follow] • VACANCY MITIGATION AGREEMENT 3 • • OWNER Lowe's HIW, In . A Washington rporation B !1 Y Its: n tt Ice President Atteste to: B ts: n S STATE O Norte Cwoli'4� County of V cs ) On this day of '-u r)e , 2006, before me, a Notary Public in and for said State, personally appeared -15",-�A1). t.4 , to me personally known to the person described herein and who executed the foregoing instrument, who, being first duly sworn, stated that he/she is the \','c-.--proms rd e-vJ- of Lowe's HIW, Inc. a Washington Corporation, and that he/she subscribed to the within instrument and acknowledged to me that he/she executed the • same on behalf of the corporation. Aotaryt—Ablic for the State of a r d&►�o��:�� Printed Name: Residing at M,'1le-rs C-.re e l/ , N e_ My commission expires: 10 -(o-o$ SHEILA H.VANNOY Notary Public North Carolina-Wilkes County , Commission Expires /o_6,,a8 • VACANCY MITIGATION AGREEMENT 4 City of Bozeman By: The City Manager Attested: Clerk of the Commission STATE OF MONTAINA ) :ss. County of Gallatin ) On this day of , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Chris Kakulski, manger of the City of Bozeman, known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. NOTARY PUBLIC for the State of Montana Printed Name: Residing at My Commission expires City Official Owner VACANCY MITIGATION AGREEMENT 5 Vacancy Mitigation Procedures for the Lowe's HIW, Inc. ("Lowe's") Building In the event that the Lowe's building planned for Lot 1 (Tract 2131, COS 1215G) should at any time (or times) after its initial occupation be permanently vacated by any occupant, the owner or owners or occupant thereof (as appropriate) shall implement the following building vacancy mitigation procedures: 1. The exterior of the building, associated parking lot and private drive, storm water system, outside lighting, landscaping and irrigation system shall continue to be maintained, secured, repaired or replaced in the same manner as when the building was occupied. 2. All exterior business signs shall be removed and exterior building surfaces shall be repaired and repainted to provide a neat appearance within 90 days after the property becomes vacant. 3. Trash and litter shall be removed on a regular basis at least once a week. 4. Should the building be permanently vacated by any occupant for a period longer than 6 months for any reason other than fire or some other casualty or a force majeure event, or alterations, remodeling, additions and/or similar construction activities, then the owner or owners or occupant of the building (as appropriate) shall thereafter implement with reasonable dispatch commercially reasonable efforts which are designed to cause the building to be reoccupied and devoted to any use or uses permitted in the Lowe's Planned Unit Development. 5. The owners of the building will look first for a buyer, lessee or user that desires the entire building for a use that is compatible with the PUD. The second strategy will be to demise the building for multi-tenant reuse or find a buyer or user that desires to demise the building for multi-tenant reuse. The Lowe's building is of such a design and character that it may be demised into three functioning building units each served by a landscaped pedestrian corridor. Demising the space will require modifications to portions of the heating, lighting, ventilation and fire sprinkler system components to adapt the building to reuse. These modifications and adaptations are subject to building permit approval at the time of building reuse. 6. Every lot in the PUD, including the uses anticipated by this vacancy mitigation plan, shall be used only for retail and wholesale sales and service businesses and other uses allowed in 132 and M1 zoning districts, including but not limited to retail and wholesale uses, service shops, financial institutions, offices, restaurants, convenience uses, hotels/motels, convention and meeting facilities, entertainment and recreational uses, health and exercise uses, wholesale storage and warehousing, technology/research uses, light manufacturing, and auto, boat, and recreational vehicle sales and service. 1 of 1 7. All or a portion of Lot 1 may be used for any permitted use as allowed under the Article III USE RESTRICTIONS of the Easements, Covenants, Conditions and Restrictions (ECCR's) between Lowe's H1W, Inc. and Saccoccia Lands II, LLC and Saccoccia Lands III, LLC. 8. If at some future time the owner of the home improvement building to be constructed on Lot 1 elects to demolish this building, the City of Bozeman through the site plan review process in force at that time, may approve an amended site plan which might accommodate multiple tenants or multiple buildings, subject however to the square footage limitations set forth under Paragraph (4) of this Section, the satisfaction of all applicable regulations under the Lowe's PUD, the Saccoccia PUD and the Development Guidelines and ECCR's in effect at the time such approval is sought and subject further to requirements that that no new building be located closer to Sacco Way (a private drive) than the former home improvement center building. Off-street parking may be located closer to Sacco Way Avenue than the off-street parking for the home improvement center was located. 2 of 2 WACH EXPO.1: OV; 66-156:; LOW ENS 53, }: 4P O BOX 11'1;1•, WAC HOV.IA.BA N K•.N:A." CK'NO./ 0875868 "' CHAPEL 'NORTH CAROLINA .NORTH WILKESBORO, NORTH 28656 DATE AMOUNT TWENTY :f.IV:E'-.THO'USAND ;AND':"D.0%10.'0.:•*:*;*:*** 06/:0. /06`' ':`:,; :'' •:;;;..:4 ***25, 000 . 00 DOLLARS VOID AFTER 91)DAYS TO CITY:"OF" BOZEMAN THE P.. 0 . ORDER`'.• :; :. M, OF B0ZEMAN,,-:., MT 5.9771- 1230 M1 `•• "' '+:•:.�` FIBERS MUST:BE VISIBLE-IN THE PAPER:00 NOT NEGOTIATE IF NOT PRESENT.':',. .'•:':`.: : , ' I 118087586811' 1:053LOL56 If: 207990047045511' ® P O Box 1111 ♦ Detach Here LO W E S North Wilkesboro, NC 28656 Statement of Remittance ...................R..........JuT.......+1............ ..............G'..�..T.......... ............. .A....................... .. :�:.�:::.............. :::.................... .......:::::::. ::::::::.:::::.:�:::•::.�:::::::::. :::::::._:::::::::::::. :.�::::•::::::::::::::._::::::::::.�:•:.�:�:. ::::. vacancy mitigation BOZEMANMT 060106 BCW2JQ 25, 000 . 00 . 00 25, 000-. 00 ; I :. .:.::. ::: :.............:.:...:.:... .......:..: :..........:.... .::. .:.:...........:............:::: :. .:......... :......:..... ::;::T L A C<:ss:::<.:::;::::: M .<>:?:22::%: A'• :;}::::>;:::5:ii:: ENDGR:i+IO:::x;.>::;�:;<;o:o»:;:»::>::>;:2::;:........ . _ _ .......... .......... .... L.I�1S. ......... ...... T._T_.L..... 18758681 060106 OOD105452 CITY OF BOZEMA 25, 000 . 00 25, 000 . 00 � _ � o 16 0 0 This tab does not require supplemental data. 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II008 19 S 70v i:O S 3 10 1 S E, 0: 20 79 9004 70 4 S Sul ® P O Box 1111 ♦ Detach Here ♦ LOW S North Wilkesboro, NC 28656 Statement of Remittance SCi]13W: :>:::':::::::: ':�G OS5'k ET >;: •;:. V. >:;:;•:::::::: 7 >:.:: ::: :tt011G#IER>:::<:::>:>::........R..........M................... .........W............T......... ...........N. ..:..... ................ 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N: ` •' O. 0819883 " CHAPEL HILL, NORTH CAROLINA ECK N NORTH WILKESBORO, NORTH CAROLINA 28656 DATE AMOUNT ELE:VEN:'T:HO'USAND `FOUR H'UN-DR:ED TWENTY-** 04/18`/06 *****11 ,424 . 18 FOUR AND 18/:100 DOLLARS '************** ••VOID AFTER 90 DAYS P To ": CITY' OF' SOZEMAN :. THE " P. 0. B 0 X 12.30 ORDER N' OF B0Z.EMAN`.";:`". MT 597.71-1230 ` '' .••••.,/;;' "';,•."'• FIBERS MUST,-'BE VISIBLE-IN THE PAPER:00 NOT NEGOTIATE IF NOT PRESENT.;.';, ".::`.••"" ' II°OB 1911313 3Ill 1:0 5 3 10 I S 6 Lt: 20 7 9 900 L, 70 4 5 511° L®W E��O P O Box 1111 ♦ Detach Here North Wilkesboro, NC 26656 Statement of Remittance Fi `INC11tNT ;:-:;:;• ::•:.:::::.: »:z= Coe. .......T-........ .......:...Nir...lk.......taT.;:: : :::.... 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IPA-.-'BACK AREA WITHIN TRACT A, \�� ICO3 NO. 1215C , a \REA = 8.94 ACRES e O C O r. ` p - r- - - -- - - - -- - `• PAYBACK AREA WITHIN TRACT 8, � � Lnn COS NO. 1215C AREA = 7.78 ACRES ` I I I — — • - - - - - - - - \ a m 1 PAYBACK AREA WITHIN'TRACT .I 0, \\\ I COS 1,10. 1215A AREA = 9.i0 ACRES I I PAYBACK AREA 1,111THIN TRACT 2, \ -COS .f0. 1 215 0- I ' ' AREJ1 = 10.00 ACRES ` t-ram -I}— _— TRACT 2 IPc,.Chache Lnne .� 11 I 1 TRACT 4A TRACT 48 > Q o 0 Scale In Feet I U C 7 m 500 0 500 O z CD q I- PAYE+\Ck AREA WITHIN TRACT 3, —� (n 150 0 150 1 COS NO. 1215 m z .Scale -In Meters I AREA 22.70 ACRES I PAYBACK AREA WITHIN 8 OC< 3, TRACT 3 TANGE'S SUBDIV 11 I A.REk = 19.91 ACRES ( j =1i: . '' i • J. - - - - - -+-- - - - - t Ocil, c- Ereet �5OYAL �- V.(,S 6-�Vj c y LIYGINLERING AND � I SURITIaNG, INC. SU I .m<1 Dd---.�Oa� •su-a+nr:J.a,�ia..tr-rq� .t„a st„�Ay ,� ('--'--- , 61 t last famtnn 9lraet lab M7-1116 / ,1 I I 6 Ntp.roon, MumUni 19715 1 n]: 100 no7-o7oq TOTAL P1IYOACK AREA = 108.T3 ACRES 1;rA509 2.1 0/p t•Z CERTIFICA OF SU 1215G LOCATED IN THE NON 1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY - , .a. OF BOZEMAN, GALLATIN COUNTY, MONTANA wit CERTIFICATE OF EXE-NIPTI4N . OWNER: PURPOSE: I hereby certify that the purpose of this Certificate of Survey is to relocate common boundaries PROJECT - --PHI-LIP SACCOCCIA, JR. RELOCATION OF COMMON BOUNDARY LINES between existing properties and that no additional parcels are hereby created. Therefore this Certificate AREA ` 991 EAST BEACH BOULEVARD BETWEEN ADJOINING PROPERTIES OUTSIDE A of Survey is exempt from review as a subdivision pursuant to Section 76-3-207(1)(a), M.C,A.. PASS CHRISTIAN, MS 39571 PLATTED SUBDIVISION TO ENHANCE THE N CONFIGURATION OF THE PROPERTIES - CtJt 1, =, Oak St. tp,•, P W C ARi� Hancock Sank, Custodian, wood SL , , IS AID N Philip SaxxOccra, Jr. IRA RollOYer � �5� ' RIr�•iT-g>--wA� S0�'44'53"W POB - _ V�:Cl:�J�TY ►P � &fl.4T STATE of � - 36 86• � - COUNTY of tta�~i.5��s- t Not to •scale BAXTER LANE "_ SEE NOTE 1 � 880.;7' 2,97.00 �._.._.. _ 32.8 ---._..__._�, Thi instru ant wa a ed9�ed before me ort & l-+�. 2005, Q�Q 50' DEDICATION r r ° 0 00 _"_. ___ --- ax _ __- -_.._.... 6'39 20 S >e- a -. _ - of Hancock Bank. odian of Philp Saccoccia, Jr. IRA Rollover. ONERIDGE MINOR �' i - 12 SUBDIVISION r + ii• Z 97 $2 "' B . +r 45' ACCEss AND Sa911• R- ' TIM EASEMENT 52,¢ z No ary Public for the S DOC NO. 2143197 � .� - r + n Printed Name of Nola r.. 1 r t t#r�25' UTILITY EASEMENT 'q.�?' Residing a aiR1 rn'n t = DG E51pN i t DOC• NO. 2170762 �� : t PREVIOUS LOT LiNFS T ` My Cornmrssran Expar 5[OZ SVBfl ,t t I o ,� \ (Use 4 digits for expiration year} 30 UTILITY �� ii EASEMENT n U o ONERIDi2£ MINOR # SUBDIVISION + i �A51:S OF QEARIJG r r ++ 1 j • - 30' MUTUAL " + ►� RELOCATED Bearings are grid, derived from GPS -�-i I+•�4CCESS EASEMENT ' observations with survey-grade grade receivers and r ' Y- "� + ii DOC NO. 2147261 LOT UN£S E . � I -_---- -•. r � Philip Saccoccia. Jr., M mbar, referenced to the Montano Coordinate System. !i� r i tt 1�1 � eb Saccocci Lands, LLC Single Zone, RAD83 at North 532,5'66.51, East 30 MUTUAL r r r+ AGi' ��' CCESS EASEMENT + , ++ TR s 1.2151 TRACT 2$2 --- 1,570.909.45. + tt C•Q :. 23.22 ace. Philip Soccoccra, Jr., M b�, Soccoccia Lands 11. LLC DOG NO. 2147261 tr•-Zp• 10'- 1413'349 agff. i ; ti Philip Saccoccia, Jr.. GR'A"HICC SCALE 35 LMIJlY EASEMENT , t of Cr �► R gin M bar. Saccoccia Lands ill, LLC zoc too 20 DOC NO. 2170762 ,1t t TP 121 .90 TRACT lei TRACE t `g 6 aq.ff. 1 Inch = 2200 tt i ii N SURVEYOR'S N TES - Ir ti: - .STATE OF l . ss 1. Section comer is a chiseled 'X" in an existing sanitary i�25' UTILITY EASEMENT COUNTY w sewn manholes lid. ., i t it DOC T.,2144534 0 r it :: This instrument was acknowledged before me orL , 2005. : - • r �; PREVIOUS LOT.UNES 2. Found a. PK nail for. N corner between Sections 1 and ,.; 82.4T ^ by Philip Saccoccia. .7r., s Managing Member of ..accoccia Lands. LLC _ ' n f'" . � I + u _._. � _ � � _ R=3i5.00' �`! � and by Philip SaCCOCCia, ek.. as M9riagin9 Member ofSocceccia Lands 11, LLC �' 2. This A comer Is 3.51 feet southerly, along section line, of , t r -- the SW corner of this survey. t n -' TAN=41.47' and by Philip Saccoccio. Jr., as Managing Member of Saccocc:ia Lands III, LLC i 1+ RELOCATED I�3' D=1S00'U0' LOT UNES 183.56' �RAC7 1115E 7.90 ' � r r 1 . G.o•S• �N1-6'49'03'E W.W Se1'48'03"11f ] L=75.92' . ?s'< T 2# 3 L .96' R=6@.t30' R=29©.00' Notary Public for theMR- A59of ►S L-17.9W R-30A' TAN=38.18' Printed Nam of Noaaq�.ff. 85.44' S01-49'03-W 45.4 ' ( .8fi D=1459'51' 30• Residing o , L._ +------- --- --; - ---- -- - t��� _ _-N41'4;1�Z'J~r___ _ __ - My Commission Expire I - iif?2. T _ - (Use 4 digits for expiration year) l� SEE NOTE 2 U74.2�� .T..I CERTIFICATE OF SURVEYOR - � 60 ACCESS Ah1D . !-� UTILITY EASEMENT �...{ 1. this undersigned, Keith S. Belden, A Professional Engineer and Land Surveyor~ do 1. 11 200FM3fi6 • y certify September 2005 1 surveyed this V 1Q�}(S R�pG?C s Ii 50' RADIUS TEMPORARY hereby cacti that between Se #ember 2f, 2400. and April 11� . Certificate of Survey, and platted the same as shown on the accompanying certificate ER �I-:.R•c� WN pfIASE CUL-DE-SAC EASEMENT LOT $ - of survey and as described in accordance with the provisions of the Montana $Ri WN QI:NT_.,,,cE fl 6NO 2OGFM366 IDLER �S10N Subdivision and Platting Act, Section 76-3-101 through 76-3-•625. M.C.A., and the T��ION SU8 TO BE RELOCATED AGE SU8 LEGEND Bozeman Unified Development Ordinance. e��seirrsrfrr, St3$Q y(L �y '(11� A j� a FOUND PLSS SECTION CORNER OF Dated thit-LO. day of � +e r- A.D. 2005. v Ti :��••�•�. f.�'/// RECORD CE TiFICATE OF GQYERtt#NG 1�4DY LEGAL DESCRIPTION ��'���tE1TT1T S.•:v, • 'a'= A tract of land being Tract 181, Tract 1i32 and -Tract 183 of C.O.S. i215E, - 1. Planning Director. City of Bozeman, do hereby certify BEIDINd :ear E g FOUND 1 1/4. YPC MKD. � . ` - 4 �•- 1(3 92ES t�= situated in the NW J of Section 1, Township 2 South, Range 5 East. P.sM.. (� 'MORRISON MAIERLE", that the accompanying Certificate of Survey has been duly mviewed, and has #10692ES ate: 'r City of Bozeman, Gallatin County, Montana. more particularly described been found to conform to the requirerrserits of the Subdivision and Platting Act, Keith S. Belden, dis p 'a� OR AS DESCRIBED Section 76-3-101 et. seq. MCA. and the Bozeman Unified Development Morrison-Maierle, Inc. •. �•.�•y follows: Ordinance, and this Certificate of Survey is within the City of Bozeman. Montana, +i,F -•....•. d�.�a Beginning at a point which is the NW comer of Section 1, T2S. R5E, P.M.M.; a first-class municipality, and within the planniflg area of the Bozeman growth �9� 9 P n FOUND REBAR N0 CAP 'ryr�rrrru� • . -policy which was adopted pursuant to Section 76-1-601 et. seq. M.C.A., and can CERTIFICATE 0-F COUNTY TREASURf.R �r» xtti be provided with adequate municipal facilities. Therefore, under the provisions of Thence from said True Point of Beginning S86'59 220E along the north line of. said Section 1 a distance of 880.77 feet; thence leaving said Section line, ❑ FOUND 1 1/4" YPC MKD. "SS&W Section 76-4-125(2)(d). M.C.A., this Certificate o Survey is excluded from the I. Kimberly Buchanan, Treasurer' of Gallatin County. Montana, do herebycertifyS0r44'53'W a distance of 60.47 fact to a point on the southerly right of requirement for Montano Department of Environmental Quality review. that the accompanying Certificate of Survey has been duly examined nd t all way of Baxter Lane; FOUND CONC. R/W MON. 9 real property taxes and special assessments assessed and levied on the land Doted ay of A D.. 2005. shown as surveyed have id. Thence along the said southerly right of way o Baxter Lane the following two !"'1 - SET %" REBAR 18" LONG WITH 2' ALUM CAP Dated this des of `' A.D., 2005., (2} courses; y MKl). "MORR150N-MAIERtF, iNC. 10692" Thence S86'33 200E a distance of 197.82 feet; Printed Nome: Thence along a tangent curve to the right with a • Planning Director rot o radius of 752.42 feet a distance of 2.96.36 feet to the Kimberly Buchanan NW corner o Tract 2A of C.O.S. 1215F. said point also ` .: EXI$TiNG EASEMENT. AS DESCRIBED Gallatin County Treasurer being the NE corner of said TRACT 182; /// Thence S01'14'120W-along the westerly line of said Tract 2A of C.O.S. 1215E t`E•-RTIFICATE 1 t CLERIC AND RECORDER a distance of 1151.87 feet to the NE corner of Lot 5 of BRIDGER PEAKS DONEMS VILLAGE SUBDIVISION, said point also being the SE comer of said TRACT 162; worriers CERTIFICATE OF SURVEY NO. 1. Shelley Vance, Clerk and Recorder of Gallatin County, MORRISON Monte , do hereby certify that the foregoing instru ant wa filed in my office at Thence N890324W along the northerly lines of said Lot 5 and Lots 10 and 1/4 SEC- SECTION TOWNSHIP RANGE 1Q�� o'clock, a.m.. or �e3, this;a± day of r 7 A.D., 2005. and 11 of PRASE 11 Of BRIDGER PEAKS TOWN CENTER SUBDIVISION a distance of MA1ERLEJNC.* SECS 1945 of Ptee-�EQge 11.i.f• 1376.29 feet to the NW comer of said SUBDIVISION, said corner also bein a NW 1 2 S 5 E recorded is�oek+ �� 9 des E'mpxoyoa-owed car,.r�+�v (Doc. _ Z, }. ) Records of the Cierk and Recorder. Gallatin County, point on the Section line common to Section 1 and Section 2, and also being 3M W.Ra �� 105 r�«eb,ur M2, (406)542-Faso rm::(406)542-M Montana. the SW comer of said TRACT 1 B3; CLIENT: PHILIP SACCOCCIA PRINCIPAL MERIDIAN, MONTANA Thence N01'49'030E along said Section line a distance of 1322-17 feet to the GALLATIN True Point of Beginning, COUNTY, MONTANA RVE Shelley Vance FIELD WORK: DATE: 04f 05 PLOTTED DATE: Oct/10/2005 Galtatin County Cleric and Recorder Said tract contains 39.99 acres. more or less, and is subject to all DRAWN BY: CD SCALE' 1"=200' DRAWING NAME: M:\3373\003\,4cad\fplat\COS-XXXX,dwg 2207223 easements of record or apparent on the ground. • Pans: I off CHECKED BY- SR PROD #:3373.003 SHEET 1 OF 1 . Illll �� � l llll I� l Shelley Vanes-Gallatin Cc MT PLAT 6.00 • • •��, 20 /'\ Pontana Department of Transportation • Jim Lynch,Director ce^dngynue9[hpNtle 2701 Prospect Avenue Brion Schweitzer,Governor PO Box 201007 Helena MT 59620-1001 • November 8, 2005 Keith Belden,P.E. Morrison Maierle, Inc. 306 W. Railroad St. Suite 105 Missoula,MT 59802 Subj ect: Lowe's Home Improvement Warehouse PUD The Montana Department of Transportation(MDT)has reviewed the updated version of the Lowe's Traffic Impact Analysis and we have the following comments: Baxter Lane • We concur with the recommended westbound right-turn lane and the addition of protectednorthbound and,southbound left-turn arrows on N. 191b St. Tschache Lane - .. • -�= . , .. .�: .. . ... - :.... . . c,�: . .. . ... • We.eoncurmith the:xecommended•nort7 6undHght,tur .lane and the addition of protected northbound•,and.soot ou�.d jefl-taro arrows on.N. 19t'St. • The recommended geometric.changes for the westbound approach of Tschache Lane will need to be modified to have an exclusive left turn lane and a shared - through/right lane. Stoneridge Development is being constructed on the southwest corner of Tschache Lane-.and N. 19th and because of a conflict of geometric-modifications for both approaches of Tschache Lane with each . . development,the stated lane configuration will accommodate traffic for both developments.. . • The construction for the improvements at this intersection will run concurrently with the construction for the improvements with the Stoneridge Development. Kerin:a Associates•was:the consultant hired to compile the Stoneridge TIS. Goordinion,pf;these•iwo projects is imperative to rnTni�re the-effect the.. construction will have on motorists along N. 19tb. • Please ensure that all curb radii will accommodate the WB-67 design vehicle for 1Baxter.2pd•Tschsche Lane.:., ' Program 8 Policy Analysis Bureau An Equol Opportunity Employer Rall,Transit and Planning Division Phone: (406)444-3423 TTY: (800)335-7592 Fax (406)444-7671 Web Page: www.mdtsUWe.mLus Lowe's Home Improvement Warehouse PUD comments 11/9/05 Page 2 of 2 `- Please provide a scaled and detailed set of road design and electrical plans for the recommended changes. If you have any questions please don't hesitate to call me at(406)444-43 93. Sincerely, t� Ed Ereth, System Impact Action Supervisor Rail,Transit&Planning Division Copies: Jeff Ebert,P.E.,Butte District Administrator Danielle C.Bolan,P.E., State Traffic Engineer Ross Gaminon,MDT Bozeman Maintenance Rick I xson,Engineering—City of Bozeman Debra Arkell—Director of Public Service-Bozeman Fite.: r This tab does not require supplemental data. Please reference the Response to Conditions tab for information. A • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • e • 0 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. � � c This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • � � D P V T F. N iz Cl 99 � sp ell sm � Imp mF � s �� z as a g zrq r RAI oz n n n n nix n x a n nn ny n 5 x a �, ;j ! a 0 fl 1p n m p — � N Crll i 4� I i r i t r r r r 3 t r rn N i. .:' ' !• ii'.. 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RIDNL•J38-e97-1225 iA1L'S]6-eel-13JI � � E iThis tab does not require supplemental data. Please reference the Response to Conditions tab for information. c17 , This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 1. � � G i • This tab does not require supplemental data. Please reference the-Response to Conditions tab for information. ti � � H 0 9 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. This tab does not require supplemental data. Please reference the Response to Conditions tab for information. l� • • • _ J • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. i • • STORMWATER MAINTENANCE PLAN INTRODUCTION This document lists the key maintenance points necessary to ensure adequate inspection, maintenance and repair of the storm water system for the PUD. It also will outline how costs will be shared for necessary maintenance and repairs. Under the regulations stated in the ECCR, Article V, all owners are required to provide adequate maintenance on their own lots and to work together on maintenance issues for the overall subdivision. SITE DESCRIPTION The PUD sits on 39.99 acres of land which drains east towards Walton's Stream/ Ditch and north towards the East Gallatin River. Based on this area and a 'C' factor of 0.20 for open land, the 10 year storm was calculated to produce a peak predevelopment runoff of 4.8 cfs. The detention pond was designed to accommodate the peak volume storage with a volume of 44860 cubic feet. Storm water is collected via surface grading and inlets for each on-site sub-basin, and through a series of gravity pipes to the north east corner of Tract 2131 (Lot 1). From the Northeast corner of Lot 1, the storm water enters.Tract 2132 (Lot 3) and continues through a vegetated swale which releases the storm water to the detention pond. Storm water for Tract 2133 (Lot 2) is collected and channeled through the storm water pipes across the other lots to the detention pond. MAINTENANCE ISSUES Key maintenance issues are outlined below: Repair of Asphalt: Asphalt will be maintained to prevent excessive sediment from passing through and possibly obstructing parts of the storm water system. Surface Grading: Sub-basin grading will. remain true to the original design and construction to allow adequate drainage. Inlets/Structures: Manholes and storm drains will be kept accessible and unobstructed. Grit removal will be necessary periodically to empty the sedimentation basins at the bottom of each manhole. These sedimentation basins range from 9" to 12" deep. Due to oils and other substances commonly found in asphalt runoff, disposal of debris shall comply to all governing agency standards. i • Sand/Oil Separators: Two 2500 gallon sand/oil separators are located in the storm drainage system to collect storm water contaminants. Thanks will be regularly monitored. Pipes: Pipes range from 12" to 30" in diameter and are all graded to meet minimum grading requirements. Pipes will be maintained to allow the designed flows to properly pass through. Outfall Protection: The outfall protection where the storm water pipes meet the swale will be inspected and maintained to prevent scouring or undermined pipes. Swale: Swale vegetation is paramount to preventing excessive erosion during storm events. Adequate vegetation will be maintained. Detention Pond: The size, vegetation, and environmental quality of the pond will be maintained to ensure its functionality. Outfall pipes: Two outfall pipes (12" and 15") drain the detention pond. These pipes will be kept unobstructed to allow proper water releases from the pond. Unforeseen or External Issues: The separate lot owners of the . PUD agree to work together on maintenance issues that are currently unforeseen or a result of external causes. SITE INSPECTIONS Each owner is responsible for inspection of all maintenance issues within the bounds of their own lots. Monthly Post-Construction Inspection Quarterly inspections of the onsite catch basin sumps, roofs, sand/oil separators and outlets for any obstructions and to assure they are clean. Storm drains on the site shall also be inspected to check for obstructing sediments. Pre-Storm Inspection • Inspection shall be conducted before the storm season which is from October thru April. Each storm drain catch basin and detention basin shall be inspected to assure the proper function. Care shall be given to • inspecting for buildup of gravel and sand within the pipes and manholes following the winter months. Post-Storm Inspection Inspection shall be conducted on each sub-basin as well as the swale and detention basin. Any detected ponded water around the site shall be examined to determine the cause and to mitigate. Inspection shall be conducted on surface erosion, periodically. MAINTENANCE / REPAIRS Each owner is responsible for responding to maintenance and repair issues which lie solely on their property. This includes asphalt repairs, surface grading, and inlet structures. For other maintenance issues that involve the stormwater system as a whole, such as pipes, outfall protection, swale, detention pond, and outfall pipes, all land owners will be collectively responsible. Cost of repairs shall be divided based on lot size to ensure fair treatment for all owners. Repairs shall be conducted in a safe and timely manner. Within 1 week of identifying the problem, steps shall be taken to mitigate the problem and repair defects to the system. BEST MANAGEMENT PRACTICES (BMPs) In order to reduce anticipated and potential pollutants to the maximum practical extent, site design, source control, including non-structural and structural treatment control BMPs should be incorporated in the maintenance of this system. The following is a list of recommended BMPs. - Education for Property Owners, Tenants, and Occupants - Activity Restrictions - Common Area Landscape Management - Spill Contingency Plan - Common Area Litter Control - Housekeeping of Loading Dock - Common Area Catch Basin Inspection - Street Sweeping Private Streets and Parking Lots - Provide Storm Drain System Stenciling and Signage - Use Efficient Irrigation Systems and Landscape Design, Water Conservation, Smart Controllers, and Source Control - Protect Slopes and Channels and Provide Energy Dissipation • - Conserve Natural Areas (C-Factor Reduction) - Vegetated (Grass) Swales • After recording return to: Rob Doane Lowes HIW, Inc. 1530 Faraday Ave., Ste. 140 Carlsbad, California 92008 STORMWATER DRAINAGE EASEMENT AGREEMENT The Agreement is entered into this day of of June, 2006, between Saccoccia Lands Il, LLC, a Montana limited liability company, whose address is 1234 Spring Hill School Road, Belgrade, MT 59714 and (referred to in this agreement as "Grantor Saccoccia") and Lowe's HIW, Inc. a Washington Corporation ("Grantor Lowe's"), whose address is address of Box 1111, (Highway 268 East), North Wilkesboro, NC 28659 Attention: Property Management Dept. (REO), to Tract 2133 of Certificate of Survey 1215G, City of Bozeman, Gallatin County, Montana owned by Saccoccia Land III, LLC, a Montana limited liability company with address of 1234 Springhill School Road, Belgrade, Montana 59714, as the beneficiary or dominant tenement tract of this easement agreement (Referred to in this agreement collectively as "Grantee") Section 1. Purpose of easement. The purpose of this easement grant, for!the benefit of Grantee's property, allows connection to the system of underground pipes, underground vaults, manholes, drainage ditches, detention ponds, outlet structures, and related equipment and facilities that are being installed and constructed on the lands of Grantor Saccoccia and Grantor Lowe's, more particularly described on Exhibit A, attached hereto and incorporated by reference herein, and collectively referred to in this agreement as the ("Drainage System") for handling storm water and other surface runoff which is discharged from Grantee's property. Section 2. The drainage basin served by the Drainage System. Before the construction of improvements on the Grantee's Property the Grantee's Property naturally drained to the north, to the abandoned railroad bed. Grantors grant the Grantee the right to alter the drainage of the Grantee's Property so that all of the Grantee's Property drains to the east across Grantor Lowe's property and to the detention pond located on Grantor Saccoccia's property. Section 3. Capacity of the Drainage System. The underground pipes, which are part of the Drainage System, will be designed to a capacity sufficient to carry the runoff that is produced by up to a ten-year storm from the Grantee's Property. The Drainage System as a whole will be designed to handle up to 100-year peak storm runoff from the Grantee's Property. The Drainage System will be designed to use ditches and swales as well as underground pipes to handle portions of the runoff from storms which are larger than ten year storms. The Drainage System will be designed in accordance with standard engineering practice and analysis, and in accordance with the City of Bozeman and Gallatin County ordinances and regulations, which are in effect on the date of this agreement. Section 4. Maintenance Grantor Lowe's and Grantor Saccoccia agree to maintain Drainage System in accordance with the certain Easement, Covenants, Conditions and Restrictions ("ECCRs") dated October 21, 2005 and recorded on October 25, 2005 as Document No. 2207231 in the Office of Gallatin County Clerk and Recorder. Section 5. Easement to Run with the Land. The easement described in this deed is a perpetual easement which is for the benefit of the Grantee's Property, which is STORM WATER DRAINAGE EASEMENT AGREEMENT,PAGE 1 • appurtenant to the Grantee's Property, and which will be binding on Grantor Saccoccia and Saccoccia's successors, and assigns and Grantor Lowe's, and its successors in interest and assigns. The benefits of this easement will run with the title to the Grantee's Property whether or not it is referred to in conveyances of the Grantee's Property, and the burdens of this easement will run with the title to Grantor Saccoccia's property whether or not it is referred to in conveyances of Saccoccia's Property. Section 10. Attorney's fees. If either party to this agreement institutes legal proceedings to enforce the terms of this agreement, the parties agree that the unsuccessful party to the proceedings will pay the reasonable attorney's fees and legal costs of the successful party, as they may be approved by the court having jurisdiction over the proceedings. Section 11. Indemnification. Grantee agrees to indemnity and hold harmless Grantors from all acts of Grantee preformed in conjunction with this grant of easement. Section 12. Modification of agreement. No modification of this agreement'will be valid or binding unless the modification is in writing, is signed by all parties to this agreement, and has been recorded. Section 13. Entire agreement. This instrument constitutes the entire agreement between the parties. No party will be bound by any terms, conditions, understandings, warranties, statements or representations, oral or written, not contained in this agreement. Each party hereby acknowledges that the execution of this agreement was not induced or motivated by any promise or representation made by any other party, other than the promises and representations expressly set forth in this agreement. All previous negotiations, statements and preliminary instruments by parties or their representatives are merged into this agreement, except. as expressly provided herein. Section 14. Severability of invalid provision. If any provisions of :this agreement is declared or becomes invalid, unenforceable or contrary to law, then the provision will be severed from the remaining provisions of this agreement and will not affect the validity or enforceability of the other provisions of this agreement. Section 15. Applicable law. This agreement will be governed by and construed in accordance with the laws of the State of Montana. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under the seal of the date first above written. [signatures to follow] STORM WATER DRAINAGE EASEMENT AGREEMENT,PAGE 2 • Lowe's HIW, Inc A Washington rporation By: 1 � Its: Kevin D. Bennett Vice President STATE OF arch (1t raGa County of (.f,(!�s ) On this -Q�day of vnC , 2006, before me, a Notary Public in and for said State, personally appeared i yen . be rt pat- , to me personally known to the person described herein and who execu ed the foregoing instrument, who, being first duly sworn, stated that he/she is the of Lowe's HIW, Inc. a' Washington Corporation, and that he/she subscribed to the within instrument and acknowledged to me that he/she executed the same on behalf of the corporation. otary Public for the State ofrig dtrd,1zl1a—: Printed Name: .She g N Yl1 n n off Residing at fk i tears Ltr nJL My commission expires: 10 -43-08 SHEILA H.VANNOY Notary Public North Carolina—Wilkes County , My Commission Expires a-!, 08 i STORM WATER DRAINAGE EASEMENT AGREEMENT,PAGE 3 SACCOCCIA LANDS III, LLC A Montana limited liability company �j By. Its: STATE OF MONTANA ) :ss. County of Gallatin ) On this day of c ��►,ne_ , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the mz� ✓� of Saccoccia Lands III, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day arRd.ryear4irqt above writte . NOTARY PUBLIC for the State of Montana Printed Name: C . ay Residing at My Commis expires 2-b SACCOCCI%� LANDS II, LLC A Montana limited li company By: Its: STATE OF MONTANA ) :SS. County of Gallatin ) On this day of Jwne_ , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the of Saccoccia Lands II, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. NOTARY PUBLIC for the State of Montana Printed Name: Sufar\ E . 0-arvd► 1 Residing at rf1� �' mm�5s►on ev Pu�S'. 2 to-�L� STORM WATER DRAINAGE EASEMENT AGREEMENT, PAGE ACCEPTANCE BY THE CITY OF BOZEMAN: As to all provisions and amendments, of which the City of Bozeman is a third party beneficiary by virtue of the approval of the Saccoccia PUD, the City of Bozeman does hereby acknowledge these amendments and accepts the same. City of Bozeman By: The City Manager Attested: Clerk of the Commission STATE OF MONTANA ) :ss. County of Gallatin ) On this day of , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Chris Kakulski, manger of the City of Bozeman, known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my 'hand and affixed my official seal as of the day and year first above written. NOTARY PUBLIC for the State of Montana Printed Name: Residing at STORM WATER DRAINAGE EASEMENT AGREEMENT, PAGE b Exhibit A Saccoccia Lands II is the legal owner of a fee interest of Tract 2132 of C.O.S. 1215 G; and Lowe's H1W, Inc. is the legal owner of a fee interest of Tract 2131 of C.O.S. 1215G; all of which are located in the NW '/ of Section 1, T2S, R5E, P.M.M. City of Bozeman (hereinafter referred to as the "Property"); and STORM WATER DRAINAGE EASEMENT AGREEMENT,PAGE 6 • L OP ID DATE(MNUDD/YYYY) ACORD CERTIFICATOF LIABILITY INSURAN 3ATEM-1 05 18 06 IRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Che Hartwell Corporation HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ?O x 51019 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. [d alls ID 83405-1019 Ph .208-522-5656 Fax:208-524-5721 INSURERS AFFORDING COVERAGE NAIC# VSURED INSURER A: Travelers Indemnity 39357 INSURER B: Bateman-Hall Inc INSURER C: PO IdahoxFalls ID 83403-1464 INSURERD: INSURER E :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lb" .TITEXPIRAgN NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY AUU'N POLICY EFFECTIVE DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X X COMMERCIAL GENERAL LIABILITY DTC0324D8761TIA05 07/01/05 07/01/06 P'RE M'ME S(Eaocarence) s300,000 CLAIMS MADE �OCCUR MED EXP(Any one person) $5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY PELT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Es eocidenll $ ALL OWNED AUTOS i BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE _ $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TATU ORY LIfAITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PAR7NERIEXECUTIVE OFFICERWEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe'undsr SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER -ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Che City of Bozeman is included as an additional insured on the General viability policy per attached form CG D2 46 10 02. :ERTIFICATE HOLDER CANCELLATION BOZBOO1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAUL 10 DAYS WRITTEN The City Of Bozeman NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL PO Box 1230 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 411 East Main Street Bozeman MT 59771-1230 REPRESENTATIVES. AU�RESENTAN / CORD 26(2001/08) ©ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modilies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) This insurance does not apply to "bodily in- to include any person or organization you are re- jury" or "property damage" caused by "your quired to include as an additional insured on this work" included in the "products-completed policy by a written contract or written agreement operations hazard" unless you are required to in effect during this policy period and signed and provide such coverage for the additional in- executed by you prior to the loss for which cover- sured by a written contract or written agree- age is sought. The person or organization does ment in effect during this policy period and not qualify as an additional insured with respect to signed and executed by you prior to the loss the independent acts or omissions of such person for which coverage is sought and then only or organization. The person or organization is for the period of time required by such con- only an additional insured with respect to liability tract or agreement and in no event beyond caused by"your work" for that additional insured. the expiration date of the policy. 2. The insurance provided to the additional insured 3. Subpart (1)(a) of the Pollution exclusion under is limited as follows: Paragraph 2., Exclusions of Bodily Injury and • a) In the event that the limits of liability stated in Property Damage Liability Coverage (Section I — the policy exceed the limits of liability required Coverages) does not apply to you if the "bodily by a written contract or written agreement in injury" or "property damage" arises out of "your effect during this policy period and signed and work" performed on premises which are owned or executed by you prior to the loss for which rented by the additional insured at the time "your coverage is sought, the insurance provided work" is performed, by this endorsement shall be limited to the 4. Any coverage provided by this endorsement to an limits of liability required by such contract or additional insured shall be excess over any other agreement. This endorsement shall not in- valid and collectible insurance available to the crease the limits stated in Section III — LIMITS additional insured whether primary, excess, con- OF INSURANCE. tingent or on any other basis unless a written b) The insurance provided to the additional in- contract or written agreement in effect during this sured does not apply to "bodily injury", "prop- policy period and signed and executed by you erty damage", "personal injury" or"advertising prior to the foss for which coverage is sought injury arising out of an architect's, engineer's specifically requires that this insurance apply on a or surveyor's rendering of or failure to render primary or non-contributory basis. When this in- any professional services including: surance is primary and there is other insurance available to the additional insured from any I. The preparing, approving or failing to source, we will share with that other insurance by prepare or approve maps,-shop drawings, the method described in the policy. opinions, reports, surveys, field orders, change orders, or drawings and specifi- a condition of coverage, each additional in cations; and insured must: II. Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur- formed as part of any related architectural rence" or offense which may result in a claim or engineering activities. and prompt written notice of "suit". CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2 THE AMERICAN INSTITUTE OF ARCHITECTS • Bond No.104735951 AIA Document M12 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Bateman-Hall, Inc. Travelers Casualty and Surety Company of America PO Box 1464 PO Box 71100 Idaho Falls, ID 83403-1464 Salt Lake City, UT 84171-9931 OWNER (Name and Address): Lowe's Engineering & Construction Box1111 rth Wilkesboro, NC 28656 ONSTRUCTION CONTRACT Date: Amount: ($1,612.619.00 ) One Million Six Hundred Twelve Thousand Six Hundred Nineteen Dollars and 00/100 Description (Name and Location): Lowe's of Bozeman -.Site Contract BOND Date (Not earlier than Construction Contract Date): May 23, 2006. 41MR;EtJ1J1,612,619.00 ) One Million Six Hundred Twelve Thousand Six Hundred Nineteen Dollars and 001100 this Bond: ® None D See Page 3 Ss 'ITI NCIPAL SURETY ompany: — (Corporate Seal) Company: (Corporate Seal) Ba �4. = Travelers Casualty and ety Co y of America 'mature: Signature: nd• > ��`` Name and Title: eRay e ry ti`diEN e S, 'Vice President Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or The Hartwell Corporation other party): PO Box 51019 aho Falls, 1D 83405-1019 -522-5656 DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,173S NEW YORK AVE.,N.W.,WASHINGTON,D.C.2OW6 A312-1984 1 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the the Construction Contract,which is incorporated herein Owner; or eference. .2 Deny liability in whole or in part and notify the If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed provided in Subparagraph 3.1. to be in default.on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 41, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the 3.2terminated the Contractor's right to complete Owner under the Construction Contract.To the limit of the formally g P amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 3.3 The Owner has agreed to a the Balance of the 6.1 The responsibilities of the Contractor for correc- g pay tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; Alftterms of the Construction Contract or to a contractor elected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- g ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to with performance and payment bonds executed by a selected with the Owner's concurrence, be secured related subcontracts, purchase orders and other obliga- qualified surety equivalent to the bonds issued on the tions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete,arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with Working orwithin two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or • 1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail- AM DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED.- AIA Z. THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON. D.C. 20006 A312-1984 2 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on ailed or delivered to the address shown on the Sig- behalf of the Contractor under the Construction Con- re page. tract. When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the Con- -payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to C proper adjustments perform and complete or comply with the other terms Construction Contract after all p p � thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: ame and Title: Name and Title: ress: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1W ED. •A1A 8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.2000b A312-1984 3 THIRD PRINTING•MARCH 1987 i 0 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 104735951 A/A Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Bateman-Hall, Inc. Travelers Casualty and Surety Company of America PO Box 1464 PO Box 71100 Idaho Falls, ID 83403-1464 Salt Lake City, UT 84171-9931 OWNER (Name and Address): Lowe's Engineering &Construction 00 Box 1111 orth Wilkesboro, NC 28656 CONSTRUCTION CONTRACT Date: Amount: ($1,612,619.00 ) One Million Six Hundred Twelve Thousand Six Hundred Nineteen Dollars and 00/100 Description (Name and Location): Lowe's of Bozeman -Site Contract BOND Date (Not earlier than Construction Contract Date): 'May 23, 2006 Amount: ($ 1,612,619.00 ) One Million Six Hundred Twelve Thousand Six Hundred Nineteen Dollars and 00/100 Li�P this Bond: ® None O See Page 6 \��NN�� Q, ,:.......�, 4 T �� NCIPAL SURETY of y = (Corporate Seal) Company: (Corporate Seal) Bate N nc. _ Travelers Casualty and Com of America igrFature: Signature: Name and Title: De ay Pe EN I ,Vice Pre&iden� Attorney-in-Fact (Any aaffili'MAal signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or The Hartwell Corporation other party): PO Box 51019 aho Falls, 1D 83405-1019 illm8-522-5656 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON;D.G.20006 A3IZ-� 4 THIRD PRINTING•MARCH 19B7 1 The Contractor and the Surety, f y and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: aterials and equipment furnished for use in the perfor- nce of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant, with a copy to ed herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety, person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. ,,sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time,to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations, .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable, within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the claim will be.paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement *If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions Con- nerto the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall nt compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIAm THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W.,WASHINCTCN,D.C.20W6 A312-1984 $ THIRD PRINTING-MARCH 1987 Bond shall be construed as a statutolond and not as a Construction Cost, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be otential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials omptly furnish a copy of this Bond or shall permit.a copy or equipment were furnished. be made. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: me and Title: Name and Title: 1Wress: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED.'•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W., WASHINGTON.D.C.20006 A312.1984 6 THIRD PRINTING• MARCH 1987 TRAVEL CASUALTY AND SURETY COMPANY OF CA T LERS CASUALTY AND SURETY COMPANW FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06193-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: R. M. Hartwell, Mary Lynn Hartwell, DeRay Perry, Sally Perry, Todd R. Mary, Douglas G. Ball, Colleen B.Rowan,of Idaho Falls,Idaho,their true and lawful Attomey(s)-in-Fact,with full power and authority. hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, arry and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is hng and a copy thereof is filed in the office of the Secretary. ED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Revised(01-03)Standard IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be 0 by their Senior Vice President and their corporate seals to be hereto affixed this 20th day of June, 2005. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY )SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD sun J*VSY AN, GASU �y�� 1ryC® ue S`9 0� R�R,rrL HAR 'a � o � Tyr a HARTFORD, � n 1992 o By. NA°�e 7 CONN. ems' D George W.Thompson Senior Vice President On this 20th day of June, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 0-1 00*0% .My commission expires June 30,2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Vice President, Bond of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 2006. �Jvxly ANps CP.SU,��� By ruanopol W HAarFORO, � -1982�' o Richard C.Schultz t� aoHr1 � coNH'} ° * �a Vice President, Bond • • After recording return to: Rob Doane Lowes HIW, Inc. 1530 Faraday Ave., Ste. 140 Carlsbad, California 92008 City of Bozeman IRREVOCABLE OFFER TO DEDICATE CONSTRUCTED INFRASTRUCTURE UNDERLYING UTILITY EASEMENTS i� THIS Irrevocable Offer is made this _day of , June by Saccoccia Lands, III, LLC, a Montana Limited Liability Company, with address of 1234 Springhill School Road, Belgrade, Montana 59714, Saccoccia Lands II, a Montana Limited Liability Company, with address of 1234 Springhill School Road, Belgrade, Montana 59714, and Lowe's HIW, Inc. a Washington Corporation with address of Box 1111, (Highway 268 East), North Wilkesboro, NC 28659 Attention: Property Management Dept. (REO), collectively referred to herein as "Grantors". I. WHEREAS, Grantor Saccoccia Lands III is the legal owner of a fee interest of Tract 2133 of C.O.S. 1215G; Grantor Saccoccia Lands II is the legal owner of a fee interest of Tract 2132 of C.O.S. 1215 G; and Grantor Lowe's HIW, Inc. is the legal owner of a fee interest of Tract 2B1 of C.O.S. 1215G, all of which are located in the NW '/a of Section 1, T2S, R5E, P.M.M. City of Bozeman (hereinafter referred to as 'the "Property"); and II. WHEREAS, Grantors applied to the City of Bozeman for approval to undertake development as defined in Chapter 18.80, BMC within the City of Bozeman (hereinafter the "Permit"); and III. WHEREAS, Grantor wishes to meet the requirements of Title 18, BMC to provide public access and/or allow simultaneous construction of infrastructure which will later be granted to the City of Bozeman, and buildings to remain in private ownership as authorized in Section 18.74.030.C; and IV. WHEREAS, the above described lands, easements, infrastructure and/or interests therein are to be dedicated to the Municipality free and clear of all encumbrances, pursuant to said final approval; and, VI. WHEREAS, it is intended that this Offer is irrevocable and shall upon written acceptance by the City of Bozeman. grant all rights of use or possession applicable to ownership of the easement, infrastructure, or other item offered; VII. NOW THEREFORE, in consideration of the granting of final approval for application File No. #Z-05128, the Grantors, both individually and collectively, hereby offers to • 1 is ii dedicate to the City of Bozeman the utility easements and infrastructure installed therein located on the property and as specifically depicted as the -irrevocable- offer of dedication area shown on the attached Exhibit A hereby incorporated by reference. 1. BENEFIT AND BURDEN. This Offer shall run with and burden the Property a'nd all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property from the date of receipt by the City of Bozeman of this document and shall bind the Grantor and all successors and assigns. This Offer shall benefit the City of Bozeman. 2. IRREVOCABLE. The Owners agrees that said formal Offer of Dedication' is irrevocable and can be accepted by the Municipality in whole or in part at any time. 3. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. I 4. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary. 5. LIMITATIONS. The construction and other standards adopted or utilized by the City of Bozeman regarding legal form, construction materials, warranty, and all other elements relating to easements or infrastructure shall be fully applicable. 6. TERM. This Irrevocable Offer of Dedication shall be binding for the duration of Final Site Plan approval. Upon WRITTEN acceptance of this Offer by the Grantee, this Offer and terms, conditions, and restrictions shall have the effect of a grant in gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successors. Lowe's HIM Inc. A WashingtoA- poration i By:: Its: vin . enne 1 1 1 i lice 1- fesident 1 STATE OF r o i✓)c, County of " I ke-S ) On this �day of Sure , 2006, before me, a Notary Public in and for said State, personally appeared y,v�17. ,e nC4, to me personally known to the person described herein and who executed the foregoing instrument, who, being first duly sworn, stated that he/she is the �f�'c e_ �re<,;�e,�# of Lowe's HIW, Inc. a Washington Corporation, and that he/she subscribed to the within instrument and acknowledged to me that he/she executed the same on behalf of the corporation. I Notary Public for the State of AYor-14, ha Printed Name: af4llci Residing at /1�1,'�I�sCrp,e,(%, A14- My commissi ' 'SHEILA H. VA NO Notary Public SACCOCCIA LANDS III, LLC North Carolina-Wilkes County A Montana limited liability company My Commission Expires j i By: Its: r i STATE OF MONTANA ) :ss. f County of Gallatin ) E On this ( t day of JL,-�_ , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the rn of Saccoccia Lands III, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.as of the day and year first above written. i Q) N�t�t'1` j'�C ��'" NOTARY PUBLIC for the State of Montana Printed Name: Residing at My Commission expires 3 i - lb SACCOCCIA LANDS II, LLC i A Montana limited liability company By: Its: i� STATE OF MONTANA ) :ss. County of Gallatin ) On this tar'`- day of 2006, before me, the undersigned, a Notary: Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the��' �n`� of. Saccoccia Lands II, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. i . = NOTARY PUBLIC.for the State of Montana SM�'' cv - Printed Name: r� •...... P ��`.� Residing at MT My Commissi n expires 2-to - 2m-6 .i 4 IRREVOCABLE OFFER OF DEDICATION EXHIBIT A-2 I TRACT 262 , —1 30.0' r - - 30.0' i a ,s r 30.0, PARCEL A) IfA (�itf ,.iJll ..1i{f'�. I 'r•\: ea , 30.0' •- k'�"", TRACT ,° • ;!t j TRACT � ;fln _, iU ?tirE�v,'= 282 I -r 01 if lit TRACT { : -=='V F � L � J {{ 11 EXHIBIT A-1 { -N- GRAPHIC SCALE - gg�op = LOYMS. 2W ,ao me EXHIBIT A _—� — PAGE 1 IN iT mn aw n!e ►.s wn..es —wartm ws PAGE 1 inch = 200 !t ®"'�— IRREVOCABLE OFFER OF DEDICATION I: 11.0' TRACT LINE POC L4 u 25.5' ��.4�52�'t'r S�+y�`�asn`�" '�c-F?;r' 9� � l'�j,��.§ 4 -..�1 +Cr��j�" Y.✓� 12Gil YS±Wt�5Z5Ly POB 1 1 ' II I ow Io� `fa y ��' if _s 1 ta0 x'VA�l i } ~r k''- a � rLs L cab • �:i �^';--E 'i � l � l � � li sM1I Ti if F.""!'�X� _ � t•«sty���u� ___.j I •M ' ?3 I lyi N L41 cO t + TRACT 2B3 0 I? L45 t , • ° : 1� ii I GRAPHIC SCALE ,00 no ,00 MoitBISON 1AWE'sHm > Err A IN FEEL' --- "' PAGE 1 inch = 100 ft O®R p� IRREVOCABLE OFFER OF DEDICATION , yn J I1�F~ I 11.0, 25.0' L8 ek v t rs u , e w x z Y c L 1 6 •.:45: 4a:aw u: S �L18 ' R .•r I TRACT 2B2 • !rWrl r T1j + L3 IN 7 IL2 ° L2 i L25 2 GRAPHIC SCALE IN FEET • j s r, 1 inch = lOD 1t i r • "—' 0.52' — — PAGE3 �.48 • • IRREVOCABLE OFFER OF DEDICATION • LINE TABLE LINE LENGTH BEARING Li 30.00 N01'49'03' L2 45.79 S88'10'59'E L3 42.00 N01'48'56'E L4 30.00 SS"1'04'E LS 42.00 S01'48'56 W L6 207.81 S88't0'59" L7 5.50 ND1'49'01'E L8 362.19 588' 0'57" L9 36.51 SO1'48'56'W L10 30.00 N88'11'04'W L11 36.01 N0148'56'E L12 74.90 5B8'10'57E L13 358.02 N01'49'03"E L14 30.01 S86'59'22"E L15 357.40 N01'49'03' L16 40.10 S88'10'57'E L17 31.00 N01'49'22"E Lib 29.07 N88'09'59 L19 637.86 S01*43'04'W L20 114.34 N13'49'1 L21 80.18 S01'49'02'W L22 30.00 S89'03'24' L23 83.79 N01'49'02"E L24 103.00 N13'49'12 L25 19.28 N89'11'59'W L26 30.00 N01"49'03'E L27 21.60 89'11'59 L29 221.14 S8Er270414 L29 21.14 S88'27'27' L30 30.00 S01'49'03'W L31 21.09 NBB' 7' 7-W L32 279.28 S01'43 04'W L33 20.60 S88'59'39 ' L34 42.58 S01'43'03 L35 386.16 S88'10'59'E , L36 138.32 N01'48'56"E L37 61.48 N09'26'04'W L35 481.22 N01'49'06 L39 53.42 S88'10'57E L40 25.00 S01'49'03'W L41 30.00 NBB'10'57'W L42 25.00 S01'49'03'W L43 124.63 S88'10'57 L44 132.12 N01'49'03' L45 13.93 S88'10'57"E. L46 27.50 N01'49'03'E L47 43.93 S89'03'24'E L48 190.29 N01'49'03'E L49 154.63 S88'10'57"E L50 644.34 S01'45'03'W L51 283.60 N88'1 C'59'W L100 632.10 SO1'49'03'W L101 14.52 S88'10'57'E L102 23.37 N01'49'03'E L103 8.90 S88'10'57 L104 219.49 N01'45'06' L105 11.97 NBB' O'S7'W L106 30.00 N01-49.03' L107 11.971 S88'10'57 L108 175.41 N01'49'06" .... _ .. ..... . . ... L109 61.48 N09'26'04'W L110 123.54 N01'41r56' L111 11.431 NB8'11'16'W HRiSON = LOWE'S BM E1G3 Orr A _ - PAGE4 o�er�� ww••" •gym i 0 Ono December 12, 2005 Montana Department of Environmental Quality Metcalf Building P.O. Box 200901 Helena, MT 59620-0901 RE: Bozeman Lowe's HIW Inc. To Whom It May Concern: In accordance with ARM 17.38.101 (10), this letter acts as documentation indicating commitment of retaining a qualified professional to obtain certification that the water system was built in conformance with the approved plans and specifications. A professional engineer designed and will provide the certification of the system. Sincere Roger' ernstein Director Site Development Lowe's HIW, Inc. STAT F CALIFORNIA County of ) This instrument was acknow ged before me on this_day of 2005 by Notary Pub i for the State of California Residing at: My commission expires: cc: Morrison-Maierle, Inc. 1530 Faraday Avenue, Suite 140, Carlsbad, CA 92008 Phone: 760-804-5300 Fax: 760-602-1018 State of California ) ss. County of San Diego ) On 2005, before me, Diana L. Farace, notary public, personally appeared w personally known to me to be the person whose nardi4 is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. Signature DiAIVA L. FARACE Z Commission*1341006 z Notary Public-California y San Diego County M3'Comm,Expires Feb 22,2006 After recording return to: Rob Doane Lowe's HIW, Inc. 1530 Faraday Ave., Ste. 140 Carlsbad, California 92008 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT This SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT is made this day of June, 2006, as follows: Lowes HIW, Inc., a Washington Corporation, whose address is address of Box 1111, (Highway 268 East), North Wilkesboro, NC 28659 (1605 Curtis Bridge Road, REEC Dock, Wilkesboro 28697) Attention: Property Management Dept. (REO), the legal owner of fee interest of Tract 2B1 of C.O.S. 1215G, and SACCOCCIA LANDS II, LLC, a Montana limited liability company with address of 1234 Springhill School Road, Belgrade Montana 59714, the legal owner of fee interest of Tract 2B2 of C.O.S. 1215G, and SACCOCCIA LANDS III, LLC, a Montana limited liability company, whose address is 1234 Spring Hill School Road, Belgrade, Montana 59714, the legal owner of fee interest in Tract 2133 of C.O.S. 1215G, all of which are located in the NW 1/a of Section 1, T2S, R5E, P.M.M.'City of Bozeman (collectively the "GRANTORS"), good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewer effluent in, through, and across a strip of land situated in Gallatin County, Montana, particularly described Exhibit A 'and depicted and shown as the sewer and water pipeline access easement areas on the Exhibit B, with said Exhibit B being four (4) pages, which by this reference are made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter, upon written notice not less than forty-eight (48) hours in advance of entry with said notice being waived in case of emergency, upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTORS in order to survey and establish the route and location of the easement and the pipeline and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Except as limited herein, to trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline. GRANTEE may not remove or reduce landscaping required by the Conditional Use Permit for the construction of the structure on the real property; (3) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary except Grantee may not damage the parking lot, driveways, landscaping, and areas for ingress, egress, utilities and drainage on Grantor's real property. Once Grantors properties are finally graded, this provision shall cease and Grantee shall have no further rights under this paragraph; and (4) Support the pipeline across ravines and water courses with structures, which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water pipeline(s), it will repair or replace to the original condition, at its sole expense, or pay to GRANTORS the reasonable value of any damages to growing crops, improvements including paving and landscaping, existing fences, ditches and other appurtenances of said land that may be disturbed by° its operation. (2) That, during operations involving excavation, it will remove the topsoil from `the trenched area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said top soil for replacement over the trench. It will 'remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by the excavation and remains after backfilling is completed. And, it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations which may include the compaction of soils so as to prevent the formation of depressions after final settlement. Sewer and Water Pipeline Access Easement and Agreement / (3) Grantee will not interfere with Grantor's operations. (4) Grantee agrees to indemnity and hold harmless Grantor from all acts of Grantee preformed in conjunction with this grant of easement. THE GRANTORS AGREE: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement, with the exception of any parking lot, sidewalks, driveway or utility improvements, without the prior written consent of GRANTEE. i (2) At no time will they modify the finished grade of the land over the pipeline' by removal of existing soil or by placement of fill material within the boundaries of said easement, except for construction and maintenance of parking :lot, sidewalks, landscaping, driveways or utilities, without the prior written consent of the GRANTEE. (3) The GRANTORS warrant that they,are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. 4 The GRANTEE. y peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. NOTICES Any notice required or permitted hereunder shall be in writing and deemed given upon deposit in the United States mail, as Certified Mail, Return Receipt Requested, postage prepaid or deposit with a nationally recognized overnight delivery service, and addressed to the Party being notified at the address given below (or.such other address which any party may designate for itself from time to time hereafter by written notice to the Parties.) Lowe's HIW, Inc., Box 1111, (Highway 268 East, North Wilkesboro, NC 28659), North Wilkesboro, NC 28656-0001 Attention: Property Management Dept. (REO), Saccoccia Lands II 1234 Springhill School Road Belgrade Montana 59714 Sewer and Water Pipeline Access Easement and Agreement Saccoccia Lands III, LLC 1234 Spring Hill School Road Belgrade, MT 59714 City of Bozeman Attention: City Manager PO Box 1230 Bozeman, MT 59771 IN WITNESS WHEREOF, the parties hereto have executed this Agreement under the seal of the date first above written. Lowe's H W, Inc. A Wash- ton Corpora ' n By-. ' ts: Kevin D. Bennett Vice President .� ff i STATE OF /Vor�{. County of W IKcs ) 4 On this jq��day of .tI tj nay, 2006, before me, a Notary Public in and for said State, personally appeared .&AAe.( , to me personally known to the person described herein and who executed the foregoing instrument, who, being first duly sworn, stated that he/she is the - Pre_ctAeA4 of Lowe's HIW, Inc. a Washington Corporation, and that he/she subscribed to the within instrument and acknowledged to me that he/she executed the same on behalf of the corporation. Notary Public for the State of 116riL / Printed Name: e..L' Residing at Mile & 0 ,- fV My commission expires: /U::-;tp -o& SHEILA H.VANNOY Notary Public North Carolina-Wilkes County , My Commission Expires Sewer and Water Pipeline Access Easement and Agreement, i SACCOCCIA LANDS III, LLC A Montana limited liability company By: Its: V-' _ STATE OF MONTANA ) :SS. County of Gallatin ) On this tzl;y- day of ju-ne_ , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Philip Saccoccia, Jr., being the mzn ; of Saccoccia Lands III, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNE-S8 WHE,REOF, I have hereunto set my hand and affixed my official seal as of the day aid.` e'ar�firsf'above written. tl,,' `�j..0 A R 1,411 NOTARY PUBLIC for the Staaof Montana ' •`;;f' - ' -' '`� Printed Name: u.5 Czrt of ,�,l:f' ;�;•.eu :.` �:` Residing at My Commissfah expires 2rxK SACCOCCIA LANDS II, LLC A Montana limited liability company By: Its: STATE OF MONTANA ) :ss. County of Gallatin ) ' On this low- day of 0u,-ice , 2006, before me, the undersigned, a Notary ublic of the State of Montana, personally appeared Philip Saccoccia, Jr., being the n'► , '%`� of Saccoccia Lands II, LLC known to me to be the person who executed the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the,-day'and year first ab written. NOTARY PUBLIC for the State of Montana Printed Name: , , 0awo 1 Residing at ,��, -, _ YYLX- >' My Commissbr?expires 2-tO -200�5 liltiill r. SEWER AND WATER PIPELINE ACCESS EASEMENT AND AQREEMENT i' ACCEPTANCE BY THE CITY OF BOZEMAN: As to all provisions and amendments, of which the City of Bozeman is a third party beneficiary by virtue of the approval of the Saccoccia PUD, the City of Bozeman does hereby acknowledge these amendments and accepts the same. City of Bozeman By: The City Manager Attested: s Clerk of the Commission STATE OF MONTANA ) :Ss. 4 County of Gallatin ) On this day of , 2006, before me, the undersigned, a Notary Public of the State of Montana, personally appeared Chris Kakulski, manger of the City of Bozeman, and , the Clerk of the Commission, known to me to be the persons who executed the within instrument and acknowledged to me they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. NOTARY PUBLIC for the State of Montana Printed Name: Residing at SEWER AND WATER PIPELINE ACCESS'EASEMENT AND AQREEMENT SEWER AND WATER EXHIBIT "A" A portion of Tracts 261, 262 and 2133 of C.O.S. 1215G located in the northwest one-quarter of Section 1 , Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: A 30.00 foot wide water pipeline and sewer pipeline and access easement, the meets and bounds of which is more particularly described as follows: Commencing at the northwest corner of said Tract 2131 , S 01 049'04" W, a distance of 61.00 feet; thence S 88010'56" E, a distance of 24.99 feet to the True Point of Beginning of said easement; Thence N 01 049'03" E, a distance of 30.00 feet; thence S 88010'59" E, a distance` of 45.79 feet; thence N 01 048'56" E, a distance of 42.00 feet; thence S 88011'04" E, a distance of 30.00 feet; thence S 01°48'56" W, a distance of 42.00 feet; thence S 88010'59" E, a distance of 207.81 feet; thence N 01049'01" E, a distance of 5.50 feet; thence S 88010'57" E, a distance of 362.19 feet; thence N 01 048'56" E, a distance of 36.51 feet; thence S 88011'04" E, a distance of 30.00 feet; thence S 01°48'56" W, a distance of 36.01 feet; thence S 88010'57" E, a distance of 74.90 feet; thence N 01 049'03" E, a distance of 358.02 feet; thence S 86059'22" E, a distance of 30.01 feet; thence S 01 049'03" W, a distance of 357.40 feet; thence S 88010'57" E, a distance of 40.10 feet; thence S 01°49'22" W, a distance of 31 .00 feet; thence N 88009'59" W, a distance of 29.07 feet; thence S 01°43'04" W, a distance of 637.86 feet; thence S 13049'12" W, a distance of 114.34 feet; thence S 01°49'02" W, a distance of 80.18 feet; thence N 8900324" W, a distance of 30.00 feet; thence N 01 049'02" E, a distance of 83.79 feet; thence N 13"49'12" E, a distance of 103.00 feet; thence N 89011'59" W, a distance of 19.28 feet; thence N 01 049'03" E, a distance of 30.00 feet; thence S 89°11'59" E, a distance of 21.60 feet; thence N 01043'04" E, a distance of 264.68 feet; thence N 8802727" W, a distance of 21.14 feet; thence N 01°49'03" E, a distance of 30.00 feet; thence S 8802727" E, a distance of 21 .09 feet; thence N 01°43'04" E, a distance of 279.28 feet; thence N 88°59'39" W, a distance of 20.60 feet; thence N 01°49'03" E, a distance of 42.58 feet; thence N 88010'59" W, a distance of 386.16 feet; thence S 01°48'56" W, a distance of 138.32 feet; thence S 09026'04" E, a distance of 61.48 feet; thence S 01 049'06" W, a distance of 481.22 feet; thence N 88010'57" W, a distance of 53.42 feet; thence S 01°49'03" W, a distance of 25.00 feet; thence N 88010'57" W, a distance of 30.00 feet; thence N 01°49'03" E, a distance of 25.00 feet; thence along the northern boundary of said Tract 263, N 88010'57" W, a distance of 124.63 feet; thence along the western boundary of said Tract 2133, S 01°49'03" W, a distance of 132.12 feet; thence S 88010'57" E, a distance of 13.93 feet; thence S 01°49'03" W, a distance of 27.50 feet; thence N 89003'24" W, a distance of 43.93 feet; thence N 01°49'03" E, a distance of 190.29 feet; thence S 88010'57" E, a distance of 154.63 feet; thence N 01°49'03" E, a distance of 644.34 feet; thence N 88°10'59" W, a distance of 283.60 feet to the True Point of Beginning. Said easement contains 130,198 square feet, more or less. Excepting therefrom the following described parcel: Commencing at the northwest corner of said Tract 261, S 01°49'04" W, a distance of 73.24 feet; thence S 88010'56" E, a distance of 338.59 feet to the true Point of Beginning of said Parcel; Thence S 01°49'03" W, a distance of 632.10 feet; thence S 88010'57" E, a distance of 14.52 feet; thence N 01°49'03" E, a distance of 23.37 feet; thence S 88010'57" E, a distance of 8.90 feet; thence N 01°49'06" E, a distance of 219.49 feet; thence N 88010'57" W, a distance of 11.97 feet; thence N 01°49'03" E, a distance of 30.00 feet; thence S 88010'57" E, a distance of 11.97 feet; thence N 01°49'06" E, a distance of 175.41 feet; thence N 09°26'04" W, a distance of 61.48 feet; thence N 01 048'56" E, a distance of 123.54 feet; thence N 88'11'16" W, a distance of 11.43 feet to the point of beginning; Said Parcel contains` 12,395 square feet, more or less. Net easement contains 117,803 square feet, more or less. S • 8 LU W 2 D Z 8 W cr f This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • R cc g V Z O U N f O FE W O 3 Q W cc 0 y V W 0 f � M m w 0 d IL atanStais y PRIVATE A.CC ESS DRIVE 1! �60- CURB CUT AREA. (n 7) I a R9-.RENCE CITY Ci BOZEMAH i z 1 I 1 1_O' NEM' ACCESS ( 6) TO BECOI:STFUL°i''Sc SiC D1YC r2529-11 c 1'ATi BAYTER 75. Y I W i •� I ��/ 1 LL EO' PRIVATE ACCESS OCUR3 CUT AREA (f 1) •j 7 ? 1 I r 4 1 A +X, iff --: _ 1 iJ 1 l II ,I o� 1 BOUHC'NQIES �;� •;', :) _ 1 a+o." 1 - n ' ! II• 1 1JOT_: } I•' I ;LCY7E'S HIP' ! 1.. CURBCUf SHALL COtJF0i1,1 LOT i 1 LOT /j� 1 TO CITY OF BOZEMAN 1 ;:i ,6' PkIvXfE ACCESS''I 'i f !i i STARDARDS U4LESS C. ! i6URa Ctq AREA (p2) I ` I 1 1 SF:Wll OTHERWISE e 2. PED=STRV.N RAMPS SiAL! N N 3._� -_ - -.:1 i I • lit CONFORM TO CfTY OF W cv :1 :i i ! BOZEMAN STANDARDS. 1 I 1ACCESS m 1 15' RADIUS NORTH AND J '` _ SOUTH WITH :,D' THROAT (} 1 2.: 10' RAO:US NORTH AND 11.3 1 59UTH wim 26' TM.ROJT rC 3. 15' RADIUS EAST ?I!D 1 j WEST WITH 30' TIIROAT U i ' r 4. 15' RADIUS ET AND WIT I �p - .•,, VVV UU lj i, -wEST WITH :so* THROAT Zo 5' WDE EMENW-K •�i 1 6 LL Q CV 1 ••s�•_� °I 1 S. 50' RADIUS EAS Pl1D a w \ : `- ' 1 ;1 1 LOT 2 ( II 1 NEST l\ H 30' 1HRQ4i f.1w co - 4 '•: i3O' NEW ACCESS(C'5) TO 6E C014STRUCTED ' 60' CURB ClQ WITH TSCKP.CHE LANE :MPROVDI-E4T5 >' ! 6. 50' RP.91L'S FIST AND mm,[ 60' IRB CUT , _ 1• LAr AREA (.jT ?CTE t C, u r 1 WeS[ l\'RH �' TF+QAT m . '1 CfiY a 30ZFJJA •' ARCA r4) REiER�NCE I 1 STD D11'C R2529 1 i!I CITY F 6DZE1,l;,Ii STO i 1r• R +I 11C 5 9- 3 _:r= ! ! .7_ i5' RAORS EAST A k viizro •. :• - �-- �i _ jj �� --� -----� � [ - IYL�T l4fTY YJ' TK. p -;.-- -Jk� L777��i- � � .a.. ���.�� ��a_ -� CURB 06/20/2006 10:11 40658222 FER-21-2006-TUE 02:51 PM 119 CITY OF BOZEMAN MaIE$L� ING FAX N0, l4Ubj'4ZUU� PAGE 02 • f7�/7�/•1tll?D 0y:b4 4t10'JOtt•Ga� t' ULl • q��0z�' THE CITY OF BOZEMAN 20 E. OLIVE P.C. eox 1230 s BOZEMAN, MONTANA SD771-1230 4� !tip ENCINEER)MC DEPARTMENT co,tR° r .. APPLICATION FOR SIDF-WAl R AND/0R DP VF'WAX AND CURS CUT PMnv= kesidential Commerciai X____,___� New Construction Replac=cnt o ,�riA ,rt�,t Lo wF's R roc srAr�. 1�✓IFsr'�RN D1��s�o�v ivlailiag.4rldros:: 1530• r~a�adQy Awe. Su�tr e I4O G9arls6aol CA• �ZDo$ . Sheet Addr-ass of Proposed Cmaurtion: 1731 73Ch(AC#,f- _L e l&f r Indicate in a skecch•below tbt intended conscmcdon in mladon wp--perry dissensions and building locadom,alongwith all otherpettincnt darn , : . • S Ir C •A�l"�rc>��� C u R 3 D•�A"w�N� •. . . Pedestrian R�np zequirrA at all street comets. • Notify Ory'Water Depan=cnt prior to any cxcavatitm fnr location of udlities. Befarc excavating caU 1-800=424-5555 for utility lot;aaoas. • I2rspecsms=to bo schcd@ed'mgnclay through Fridayqnjv,during=plar business bows. Call the 0ty Bugineossng Depattzamt at 582-2280 z minimum 4 bours p2im tv-pom io c._ I bereby mc*chat a1I constt=on work and materWs used will comply with the City Of DOZepsav codes and=, sladoas. All formssba]I be•inspeaA- arsd approved by tht CityFjigi c='s Offimp7iorto purin- P? • tbacrete. .� , • A .liaant stgnatute: Pant: �a 4 60 96 Perm z pprovcd; DAW12, 612.0 Ay. ' ) eetinoDspsr►1lrent ^'ten �• -,nnc ��,c'C 140654290@9 Corer n.. 06/20/2006 10:11 4065622? CITY OF BOZEMAN• PAGE 01 CITY OF BOZEMAN • ENGINEERING DEPARTMENT 20 E. Olive Street PHONE (406)582-2280 P.O. BOX 1230 FAX (406) 582-2263 FAX TRANSMITTAL TO: Molly Skorpik FAX#: 4406-6424801 FROM: Andrew Kerr DATE: June 26, 2006 SUBJECT: lowes • PAGES (including 3 this page): NOTES: Approved curb cut permit follows. • Q 8 cc z Z 8 QgW 2 Q W a 0 U W Q s This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • P s cc Cl) 0 0 U S LL W 0 ¢ aW a ' LU J U cr U w This tab does not-require supplemental data. Please reference the Response to Conditions tab for information. • 8 w g m z w 0 w 0 w c'S� } U w Q �� s • • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. 17 . ®AVERY- ��� RECYCLED PAPER MADE FROM 2056 POST CONSUMER CONTENT • Z � s 0 0 SEWER AND WATER PIPELINE AND ACCESS EASEMENT LINE TABLE UNE LENGTH BEARING Ll 30.00 NO7'49'03'E L2 45.79 S88'10'59' L3 42.00 N01'48'56' L4 30.00 S88'11'04" L5 42.00 S01'48'56'W LB 207.81 S88'10'59'E L7 5.50 N01'49'01' LB 362.19 SBB'10'57' L9 36.51 S01'48'56 W L10 30.00 N88'11'041V L71 36.01 N01'48'56 L12 74.90 S88'10'57 L13 358.02 N01'49'03'E L14 30.01 S86'59' L15 357.40 N01'49'03 L16 40.10 S88'10'57'E L17 31.00 N01'49'22E L18 29.071 N88'09'59'W 1.19 637.88 S01'43'04'W L20 114.34 3'49' 2' L21 80.18 S01'49'02W L22 30.00 S89'03'24' L23 83.79 01'49'0 " L24 103.00 3' 9'12' L25 19.28 N89'11'591V L28 30.00 N01'49'03" L27 21.60 N89'11'59'W • L2 2 . S01'43b4'W L29 21 21.1414 S88'27'27 L30 30.00 SOt' 9'03'W L31 21.09 1,188'27' 7'W L32 279.28 S01'43'04'W L33 20.60 S88'59'39'E L34 42.58 S01'49'03'W L35 386.16 S88'10'59 L36 138.32 N01'48'56'E L37 61.48 N09' 6'04'W L38 481.22 N01'49'06 L39 53.42 S8810'57' ' L40 25.00 S01'49'03'W L41 30.00 N88'10'571V L42 25.00 S01'49'03'W L43 124.63 S881 O'57 L44 132.12 N01'49'03'E L45 13.93 S88'10'57' L46 27.50 N01'49'03 L47 43.93 S89'03'24 L48 190.29 NOt'49'03'E L49 154.63 S8610'57' L50 644.34 S01'49'03'W L51 253.60 N88'10'59'W L100 632.10 S01'49'03'W 1-101 14.52 S88'10'57 L102 23.37 NOt'49'03' L103 8.90 SBB'10'57'E L104 219.49 N01'49'06'E L105 11.97 NBB'10'57'W L106 30.00 N01'49'03 L107 11.97 SBB10'57' .. ... .. . .. U08 175.41 N01'49'06 .. L109 61.48 N09'26'04'W L110 123.54 NOt'48'S6' L111 11.43 N88'1 Vl VW • -ORRISON = I.Owvs Blw EXHIBrr B "- - - PAGE 4 •oo ca umwn,•*• now wm uim•e ' our errs v. on•.a.`m+i�' � �®. SEWER AND WATER PIPELINE AND ACCESS EASEMENT ff {� f 11.0' 25.0' L10 L8=—==—= J — 4-� L12 rt L16 24 L18 TRACT 2B2 RFI1 G JJ t Tom- � fl i 1 J ) l L3; e _cn U !i LL •'�.4 r i l R 1 *— L2 . mE. L25 2. ; i N �(;_ GRAPHIC SCALE ,GO ao ,00 • ii IN FEET _ 1 Inch = 100 ft 21 0.52' Lovies BM ------------------ 2 -- 1� ._ X PAGE 3 . �„•.,_„.,. ,� 3 SEWER AND WATER PIPELINE AND ACCESS EASEMENT I 11.0' TRACT LINE POC I L4 25.5' L-91 m ,wow Irc ''`;"' �'' w �-• ^1 14 &' u'k' Lat `M �r'si�-P '�•°.,A 'i� '�.r += POB 'L5 } lii. g� ys i i : — I ` '. I ll 1 Ilj I I I I ! '.twoLULLi I < I, T I I II {f.lfil li ' I Y I ti it �Ni > .. a� . _ I I ,h II � i ! 111 ! t llili ' I 'N I I it :tl i ! I : , I I sij 4• a'� '17� Ali Lai I IL s ° , w ° I • I �� � L1 5 II II� i �.'I ! ;f , .i ; i , i 1 I ,. ? I �,tc�+ o-:M, ,�a,'• •"�'"�r.rr-•—...—...,._..,..�,�, _ _ { I ' i L49 L41 TRACT 2B3 AM is ,I L45 i I}� GRAPHIC SCALE tm eo too 10131USON LOWES ffiW EXHIBIT H IN FEET PAGE 2 1 inch - 160 ft. '0D '"vd.KPsd_ wla:m� SEWER AND WATER PIPELINE AND ACCESS EASEMENT EXHIBIT B-2 -- `N TRACT I �" '�• 2B2 I 30.0' - ~ I i I; 30.0' I � _ / r i• 30.0' t PARCEL A) s I Ij+j oiTIiITII i ' t ii 30.0, I i; I I it Off; u1i��i;'i;i3!! ilA '�� ( '•,�. �Il` TRACT I I it i I I wT;,iiii '!;,a •,� 2B1 a i} q TRACT it i it 0.0' TRACT I I 1 I i 9 L - - - - - - - - - - - -� li �i EXHIBIT B-1 GRAPHIC SCALE gp = LOMWS am ,ao aeo Qs v EXIMrr B _--' — PAGE 1 ( IN FEET ) ion amdr� d,<. 1.�. 1 inch = 200 fL o ©• © • REVISIO • 2" J REFLECTIVE ALUMINUM P EBID Er TBID SEr .. :. - IWUE DATE LEGEND AND BORDER- GREEN IssuE DATE P� WHITE SYMBOL ON BLUE BACKGROUND DATE WHITE DESCRIPTION TYPIK. _ BAC GROUND - . CAL AT ALL HANDICAP SPACESa]DED S D/DIL SEPARAT(M 2'-0" li"SCH.40 STEEL PIPE ® THIS SIGN TYPICA AT ALL Ar0 NoneolE DEraL FILLED W/CONIC. �'� 'VAN ACCESSIBLE' ° e�N uTMa DYED DETNL 1 AND if ' WITH T0P CONIC. ! PARKING.SPACES vul - '7 f PENALTY SIGN WITH PAINT OSHA YELLOW - WORDING AS PEOUIRED . o z ' B7 STATE OR LOCAL HAW 1-1 REFLECTIVE ALUMINIUM - - •'' - z FILL POST w/CONCRETE i �CZ7 # PAINT CONCRrjTE BLACK sN GALVANIZED"U"CHANNEL POST pp p.V1 AFTER LOCATIONS V F e 4'DIA.SCH 40 GALVANIZED STEEL m p Qaa PIPE BOLLARD PAINTED OSHA YELLOW OW c FILLED WITH CONCRETE GALVANIZED'U'CHANNEL POST A-PAVEMENT OR I PAINT CONCRETE BLACK p / FINISHED GRADE AFTER CURING m p - "o AT ASPHALT LOCATIONS OK e0 in0 AINT C�N R E BLACK - ,I CONCRETE � C E7 1u1-��lll�lrr� N 0 Ps AFTER C RING 4,000 P51 CONCRETE 'T II II --� m - • • O W AT ASPHALT LOCATIONS - I a., -II...III_� 11 CONCRETE _i - o r IV/1),,: •• s - _-= CONCRETE M NRAUM 1. REFERENCE 4 MIN. OOF " -n `ol _TIT I r- _ _ TP "- LOWE'S DIVISION 2 III }. 11�ff-L 0_ -III=jinmL�r� N COMPACTED SUBGRADE(PER SPECS) STANDARD SITE SPECIFICATIONS AND -I "" • .III PROJECT SPECIAL PROVISIONS .- "•, I 11, - " l I - n 1++m++U^'I~ - 'T/ - m- - �'T� � CONTRACTION JOINTS SPACE-TO BE EQUAL TO SIDEWALK WIDTH ., - --_- 411jI• - f Tl ll =1-1 I III_ - Ti-_ lT - L II II-L-' rtlll -_� 4' MIN. ALL JOINTS SEALED EXPANSION JOINTS PER SPEC y 3 MIN. ail, fffdTf— ]71fi ; �I 1=111�11„-Iln _ '•-11T = T III-' - ONE AT EACH HANDICAP SPACE. WHERE HANDICAP SPACES FACE EACH OTHER WITHOUT WALKWAY, 4 THERE SHALL BE ONE POST WITH SIGNS MOUNTED BOTH.SIDES �1� STOP SIGN DETAIL (2� SIDEWALK DETAIL / 3 l BOLLARD DETAIL D-3 / 5= 1 HANDICAP PARKING SIGN a�� z p�e D-3 NO SCALE - D-3 'NO SCALE D-3 NO SCALE D-3 NO SCALE yE I--^E, � N� w8 5g FINAL ASPHALT i REFLECTIVE ALUMINUM LEGEND AND BORDER 1�1 RED LETTERS AND BORDER O Qli eD ON WHITE BACKGROUND , e .® HEIGHT OF SYMBOL PAIOeI1D e W ' MINIMUM-28" o GRAVEL OR COMPACTED SOIL + SPECIAL-41" Z o yy,, SIGN.INSTALLATION TO ADDITIONAL CONDUIT FOR GAS ONLY Pii s BE IN ACCORDANCE 2"ASPHALT -' ' "=' C: c "' - oB WITH THECITY OF BOZEMAN �1 f< $"' a •-' - TYPICALLY 1CO NUIT OR GA WALL"'" �� _ ENGINEERING STANDARDS AI CORRUGATED POLYETHYLENE CULVERT ' 4"-1 1f"MINUS CRUSHED ROCK OR LARGER PER NORTHWESTERN �+ ,'+" ' • w COMPACTEITTO 95%OF ASTM D-698 ENERGY t ..•..,. 78"N-12 DOUBLE WALL WI DTP OF SYMBOL - ••STRIPE WIDTH f .....r CORRUGATED POLYETHYLENE SECAL 38 SPECIAL-4' ^ L01N8•S HOW.INC. ?j MINIMUM-24" MINIMUM-3" 1530 FARADAY AVE,SUITE 140 O CARLSBAD,CA 92006 CULVERT WITH END CAPS ,,, COMPACTED�SUBCRADE (�)?' AND BAND. O f/ 12•• 12 18" © © O l © 760.804.5300(V)760.602.p(F) -I�� I 7mlll ik —I —L 1 11� • • 48" �_lll-Q "11�-II-I �� � ."uo".wM°u.�Prs°rErm°rEoweswrx. r9 HANDICAP PAVEMENT MARKING rIl ASPHALT TRAIL DETAIL O D-3 NO SCALE. D NO SCALE © © O 1L1 - _ - III- O • o / \ "UTILITY CONDOIT "L ONE AT EACH HANDICAP SPACE. WHERE HANDICAP SPACES.-. D-3 NO SCALE FACE EACH OTHER WITHOUT WALKWAY, THERE SHALL BE EXISTING.GROUND - ONE POST WITH,SIGNS MOUNTED.BOTH SIDES 6"DEPTH OF-1"MINUS - - cRusHED RGGK COMPACTED 10 FIRE LANE NO PARKING -SIGN TO 95R ACCORDING TO ASTM D-698 D '3 NO SCALE - - 7.0" ///--- TYP Ae• ,. TO SAND/OIL SEPERATOR 8 96.0' CONCRETE METAL BAFFLE .. INOCULATE SUBGRADE COMPACTED SUBCRADE SURFACE SOIL - GRAVEL TRAIL DETAIL our IN D-3 NO.SCALE .. _ 10.0O". - • • 13 CURB DETAIL m D—3 NO SCALE a•::, r EXISTING STREET SURFACE PLAN W SUBGRADE OR GROUND - - 0 SURFACE CONCRETE OR Z } ..METAL BAFFLE 0 Q o SIDEVIEW Q Q SLOPING, BENCHING OR " J I— SUPPORT SYSTEMS IN THIS - 0 Z_ q� AREA TO CONFORM TO . .. .,:.,. Q O O.S.H.A. REGULATIONS.- 1 .. - : ..•0 W 6" TYPE "A" B OR "C" 6„ - W 0 LL Q 8 OUT � IN 9" TRENCH BACKFILL NOTES: T9"-12". - W C3 Z a8 0 1. WHERE TRENCH PASSES THROUGH EXISTING a'F, PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A J D� ll.l W g NEAT.VERTICAL LINE A MINIMUM OF 12" FROM THE ._.y , P RO��LE W I-= Q O N a TYPE I PIPE BEDDING 4 PLACED IN 6" MAX. EDGE OF THE TRENCH OPENING. WHERE NEAT LINE. e' IS LESS THAN-3'.-FROM EDGE OF EXISTING - 0 U) J m m ' LAYERS AND COMPACTED - PAVEMENT OR CURB AND GUTTER SECTION, REMOVE _ . " ' • a� THOROUGHLY. 4" ENPI WIDTH=2 0 AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN 1 'NOTE: ORIGINAL + ` + � •��1. CONTRACTOR,TO SUPPLY SHOP DRAWINGS OF MANHOLE AND PIPE PLUS 2" TRENCH AND EDGE OF PAVEMENT. - ; - ISSUE DATE: 01/12/0e TYPE.2 PIPE BEDDING MIN.TRENCH - ® . .: .. . .... .- ."... ._ .<:7.:.. .. FENGINEER'SVAL. BAFFLE FOR APPROVAL. WHERE REQUIRED FOR WIDTH = 3.5' 2,. SEE CONTRACT SPECIAL PROVISIONS FOR ANY .' 2. APPLIES TO STORMWATER MANHOLE A4 AND B2 ONLY ISS ISTSET SUE 03115106 SOFT OR UNSTABLE MODIFICATIONS TOSTANDARD TRENCH MATERIALS 3. .TOP OF BAFFLE TO MATCH TOP OF 6• PIPE ELEVATION. - FOUNDATION. : - AND/OR OTHER TRENCH DESIGN FEATURES. 'CONSTRUCTION SET - _ - - - - EISSUEDATE:04/04106 « SEE O.S.H.A.-.CONSTRUCTION STANDARDS FOR.EXCAVATIONS - - -DRAWING NUMBER: 11 TYPICAL UTILITY TRENCH DETAIL 12 WELL DETAIL 14 SAND/OIL SEPARATOR DETAIL 15 SAND/OIL SEPARATOR DETAIL -3 D—.3 NO SCALE - D-3 NO SCALE —3 NO SCALE D-3 NO SCALE © o © Q 0 0 REVISION • ID SET POST,. ET ATTACH SIGN TO PIPE STRUCTURE 0 Issue DATe ssue Dnre - WITH 1•WIDE METAL STRAPS - DATE DESCRIPTION BOLTED 0 SIGN. 4'=7-A•=J/ta,TtQc FIN. GRADE STEEL PLATE (SEE SITE PLAN FOR PAVEMENT INFORMATION) - 4"ASPHALT SURFACE COURSE 3"ASPHALT SURFACE COURSE �' s'-e• a-D' 4,000 PSI CONCRC7E SURFACE COURSE g LT //pp 77yyppEg qq g o //pp TYPE p o.. 12 CRUSHEDI BASE'COURSE CRUSHED'BA$E"COURSE ;:. 18"6"-MINUS AGGREGATE SUBBASE W/FABRIC 10".6"-MINUS AGGREGATE SUBBASE W/FABRIC COMPACTED SUBGRADE REFERENCES COMPACTED SUBGRADE ` "� " •' 30 0 SECTION 02300 - ®® 1 SECTION 02400 m SECTION 02741 1-1 Y STEEL PIPE PAINTED - OF LOWE'S DIVISION CONSTRUCTION 1�44 TONE BASE o RED/TO MATCH SIGN JOINT • 2 STANDARD SITE �:.. - m - 4 ® 2' 0/C n ro r' SPECIFICATIONS AND -. -. .. 15 t/A 1 a y... .'. ..,. PROJECT SPECIAL ..'! ..ti`,. 5 CONT PROVISIONS - - - - - - 3" RACK 4)12 BE AAcHDRED - 2'-6" 3'-6" CLEAR 16" • • WITH(a)12•SPIKES N MIN. ' t 1/� DN.xN.M STEEL PIPE .M1 g,D REp TO NI EGN 5USE SH D.T.WILLNMS T.M. R DEwE D.EM.) NOTE: FURNISHED AND INSTALLED BY LOWE'S 4"x 7'-4"x 3/16"THK. - -n - STEEL PLATE HEAVY DUTY ASPHALT STANDARD DUTY ASPHALT A� q PAVEMENT DETAIL 2 PAVEMENT DETAIL �3�. ,2 STALL CART RETURN RACK DETAILS � (CONCRETE/ASPHALT JOINT DETAIL D-4 NO SCALE D-4 NO SCALE D-4• NO SCALE D-4 ',NO SCALE WAR AS LONG AS FEASIBLE TO SEAL JOINTS TO ALLOW CONCRETE - 2 P SHRINKAGE TO OCCUR. IF REQUIRED, RE-SAW JOINT IMMEDIATELY PRIOR 4" PAINTED WHITE.LINE TO INSTALLING SEALANT TO ACHIEVE A 1/4" JOINT WIDTH, TOP OF ENSURE JOINT IS CLEAN, DRY AND SIDES PREPARED PER MFR'S .� PAVEMENT _ rT ' CONC. WHEEL TOP RECOMMENDATIONS. - BARS 12$' LONG MIN.-1/8"WIDE BY 1" DEEP T/2 BUT NOT ED OSAW CUT.FILLWITH1/4" X 4,5"DIAMOND DOWEL BY PNA LESS THAN 1/4"PAVEMENT SEALANT. SPACED AT 24" 01 DO NOT GREASE AVEMENT SEALANTi4 CKER ROD s.r®DIAMOND DOWEL DOWEL. INSTALL PER PNA eEPOCKET FORMER RECOMMENDATIONS ' 1/8^ FIRSTUT LVE BACKGROUND 9 TS ={slab thickness) 1A�4C SECOND SAWCUT - // 4 BAR CONT., Y •d 4 (SEE PLAN) SEALANT fF.REQUIRED) PI="s,K,.P Du.PPMig L"t sal.By flHurn ng Y"ur ( T,-k You F,,SNPPpng At W-. °e' "'"•"""'^ni°"r' '"°"'�°"•'a°"•10"'"•"'' NOTE: SEE SITE PLAN FOR PARKING SPACE SIZE AND E I a g s IMMEDIATELY AFTER REMOVING - 1/4 OF SLAB THICK ��F'o FOR WHEEL STOP LOCATIONS. PAINT WHEEL STOPS .BULKHEAD, APPLY CURING I COMPOUND. (FAIN 1") ,r 2-I/2•,1ED SIPoPE . OSHA YELLOW , TO PAVEMENT VERTICAL EDGE AT o •THE WORDSN'sxnLL BE wNRE. A COVERAGE RATE:OF 300 SF MAX - - •THE WORDS'SHOPPING CAm•IS iDW EXTRA BOLD,•RETIRN'IS FIlEEN1ND 575 OR FPEECON, N BODY COPY R HEL-WORD . ,. PER GALLON. - II "N T LETER HE WORD•"IN SHO INGORD"RETURN'HAS A BLDE OURINE TO SEPARATE R Fli01A THE'I• CONSTRUCTION JOINT SAW JOINT . 7. sve flACRos°sCOTHLE�rra°u31s GIs aDo RED. • • •SIGN TO BE ALUMINUM.: LOWE'S HIW.INC. REFERENCE SEALANT RIGID 1530 FARADAYAVE,SUITE 140 sEcnoN 02751 sTRucruRE 6 CART RETURN SIGN DETAIL �� CONCRETE WHEEL STOP CARLSBAD,CA 92008 O OF LOWE'S DIVISION 2 - STANDARD SITE O D`4 10 SCALE M 760.60 (F) SPECIFICATIONS AND O D-4 NO SCALE. 7608045300 PROJECT SPECIAL ya ram' ti a •w'"Nc urc u"'"sr°afleRF.n_ • PROVISIONS_. .. ... I EPxDFEmvw,rnw•a xlw, .. -. - _ DaxrlDNwwxaleaR I cuPrAIa rCONBaeae""iu wcTwwxe�s I w,HG 1/2 PREMOLDED JOINT FILLER AIf�Ji�IQQ YELLOW • °A • ® SAW JOIN ME DAY AS POUR I . C © �O - AR Q *= 30 x is PROVIDE ISOIATION�J01NT WHERE CONCRETE PAINTED-YELLOW - PLAN VIEW PAVEMENT ABUTS A.RIIGID STRUCTURE .. � 10' SKIP- - CONCRETEPAVEMENT ISOL.ATIONJOINT AINTED WHITE .O STOP" AND STOP BARw � CONCRETE PAVEMENT 4"X4"X12' O CONCRETE PAVEMENT JOINT DETAIL a- 18- X 24" 4e SEE ARCHITEcruRAL PLA LONG P.T: POST(TYP.). . D-4 NO SCALE R5-1A3036" X024" ONN MOUNTED♦� ABOVE Y I;. `0 ' imam REFERENCE REFERENCE SIGN MOUNTED 90 SECTION 02300 SECTION 02300 ON COLUMN �O 3/4"EXTERIOR GRADE PLYWOOD SECTION 02400 SECTION 02400 y ® 2' YELLOW SECTION 02751 -SECTION 02751 a Von OF LOWE'S` DIVISION 2 OF.LOWE'S DIVISION 2 O CONCRETE FILLED ISLANDS SKIP t� 4,000 PSI CONCRETE STANDARD SITE SPECIFICATIONS AND STANDARD SITE SPECIFICATIONS AND (BY BUILDING CONTRACTORS) PLAN PROJECT SPECIAL PROVISIONS I PROJECT SPECIAL PROVISIONS.' R7-6 21 R I 4,000 PSI CONCRETE 1 � PAINTED WHITE 24" CONCRETE-CURB & GUTTER SIGN' XMOUNTED PAINTED.YELLOW - - BY SITECONTRACTOR t ' r PLACE 6' OF 1-1 2" TYPE A ( ) "LOADING ONLY" r 6"-MIN. / N xM PLACE 6" OF 1-1/2" TYPE A ARROWS ON COLUMN ty . WHITE LETTERS CRUSHED BASE COURSE ON zY ez ? L 5 MIN. CRUSHED BASE COURSE ON 24" HIGH 00 T>1 - 0 COMPACTED SUBGRADE WITH - SEPARATION FABRIC COMPACTED FABRIC WITH . SEPARATION FABRIC -. I o w j ��� ��(��I' _ • s COMPACTED SUBGRADE (PER SPECS) I COMPACTED SUBGRADE (PER SPECS) " 12 ENLARGED COSTOMER LOADING CANOPY ).. m D-4 NO SCALE o '� RED STRIPES (PMS 200 RED) -�IMpROUINGHOM HEAVY DUTY CONCRETE STANDARD DUTY CONCRETE 1' FROM FACE of GUTTER - WrETE LE,TERS ��� OR CURB AS APPLICABLE o l PAVEMENT SECTION 9 PAVEMENT SECTION "><4"><,2 BLUE BACKGROUND (PMS 280 BLUE. Q 2 (2) EQUAL LENGTH GATES 'c D-4 NO SCALE D-4 NO SCALE SEE.SITE.PLAN FOR WIDTH & LOCATION - ;•,y POST(TYP.) G( m I- PROVIDE PADLOCK BY KNOX COMPANY GRADE IF REQUIRED BY FIRE DEPARTMENT. _ Z REFERENCE 5' MIN. SECTION 02751 O o HOULDER AREA 5" 1" REFERENCE - II. II .:, I LLI co LL. Q R - OF. LOWE'S DIVISION 2 STANDARD SITE SPECIFICATIONS AND SECTION 02751 HINGE "' I I W J o c Z q 5"' PROJECT SPECIAL PROVISIONS 1" RADIUS OF LOWE'S DIVISION 2 L1 U I cn a C Q STANDARD SITE SPECIFICATIONS AND _ - `Ii �JJ 2 Z PROJECT SPECIAL PROVISIONS I a Q' I 4 D" J 0 N LLI CONCRETE PAVEMENT (t< ELEVATION v w m- ^.. NOTE. 0.� /O u�,r� ..All. �. 11 52. r. 1:„ { s.,.:,. y. - �• I]1HI5 OETIIL 6 FOR REFERENCE ONLY.CONTRACTOR SHALL COORDINATE WITH NOTE: J W W Q_ n Q , { - " ': MANUF oUU iOR DESIGN OF GATES. + CONTRACTOR TO FURNISH AND INSTALL SIGN WHEN 22 pp2� 2._On USE 4,000 PSI CONCRETE ' C, 2)ASSEMB Y 10 BE PAINTED OSHA YELLOW. ? GRADING COMMENCES. SEE EROSION CONTROL PLAN I� L�0 V L�l tl ORIGINAL • 2'-0" 16" LONG 3/4" DIA: FOR LOCATION, I) F' I I ISSUE DATE: 1112)05 DEFORMED BAR ® 24" O.C. 1 CONTRACTION JOINTS 10' 0/C 3)PRawDE PADLDEK or mm cmmw IF REQUIRED W RRE DEPAiR De NOTE; DOWELS NOT REQUIRED WITH MONOLITHIC POUR EXPANSION JOINTS 100' O/C 4,000 P.S.I. ���Y7..2O06 PERMIT SET ISSUE DATE: 03/15108 ALL JOINTS SEALED PER SPEC 6" TYP. CONCRETE ),°GcoM�numYotuELaa;NENT CONSTRUCTION SET _ _ ISSUE DATE: 04/04106 CONCRETE CURB &GUTTER 24"CONCRETE CURB& 13 METAL TRAFFIC GATES 14 FUTURE HOME SIGN DRAWING NUMBER: 10 DOWELED JOINT DETAIL 11_ GUTTER DETAIL D-4 No SCALE D-4 No SCALE D_4 D-4 NO SCALE D-4 _ NO SCALE ©• 0 0 O ® 0 • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. � � �l �- T o�'so Z� APR 10 2006 • THE CITY OF BOZEMAN • 20 E. OLIVE• P.O. BOX 1230 V x BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT C��?lJV QO O� PHONE: (406)582.22BO • FAX: (406) 582.2263 April 4,2006 Molly Skorpik, P.E. Morrison Maierle, Inc. `306 West Railroad Street, Suite 105 Missoula, MT 59802 Re: Lowe's HIW Plans and Specifications Dear Ms. Skorpik: The plans received 4/3/06,and specifications received 3/21/06,prepared by Morrison Maierle,Inc. for the above-referenced project, having been submitted in accordance with..the City's Self- Certification Process and being accompanied by a properly signed Self-Certification Checlist, are hereby accepted for construction by the City Engineer. All work performed under the subject certification must fully comply with the City's Design Standards and Specifications Policy under which the plans were certified. This acceptance pertains only to the above-referenced infrastructure improvements. Other facilities • or improvements shown or referenced on the plans, which may be subject to review and approval requirements of other City,County,State, or Federal agencies have not been reviewed or accepted. Any change in these plans and specifications,other than those listed above,shall be submitted to the City Engineer's office for review and acceptance prior to construction. A Preconstruction Conference shall be conducted by the project engineer with attendance by the Owner's Contractor, the Engineer's Inspector, and the City of Bozeman prior to initiation of construction. Attached is a Preconstruction Meeting Criteria Checklist identifying items which must be addressed or completed prior to scheduling the.Preconstruction Conference(note:all permits listed may not be applicable). Shop Drawings reviewed and approved by.the Project Engineer shall be submitted to this office at least two working days prior to the preconstruction conference. Please contact this office regarding scheduling a date for the preconstruction conference. Prior to initiation of construction,copies of the Contractor's Performance and Payment Bonds,each in an amount equal to 100%of the contract amount,in favor of the Owner, shall be filed with the Owner and the City of Bozeman. Prior to final acceptance by the City of the installed infrastructure,the Project Engineer shall submit a completed, signed and stamped Certified Checklist For Testing & Documentation Requirements For Infrastructure Improvements to the City-of Bozeman, and certify to the Montana Department of Environmental Quality that the project was completed in accordance with the approved plans and specifications. Also attached is a copy of the City's Certificate of HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 0 • Completion and Acceptance. This certification shall be accompanied by 1) an accurate and complete set of Mylar Record Drawings signed by the Project Engineer,2) a complete copy of the • inspector's daily diary, and 3) a digital format copy of the record drawings. This acceptance is given with the understanding that construction will be initiated within one year of this date. If more than one year elapses before the beginning of construction,it shall be necessary to resubmit the plans and specifications for re-acceptance before initiating any subsequent construction. One set of the plans and specifications bearing the City's endorsement are enclosed.If you have any questions please contact this office. Sincerely, Robert J. Murray Jr. P. Project Engineer cc: Debbie Arkell,Director of Public Service John Alston, Water/Sewer Superintendent Andrew S. Kerr,Engineering Assistant Department of Environmental Quality Project File • ERF Enclosures • 7Mo;nta7n;a Departmentof QUALITY Brian Schweitzer,Governor P.O: Box 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov May 2,2006 Molly Skorpik,PE Morrison Maierle,Inc 306 West Railroad Street Bozeman,MT 59802 RE: Lowe's Home Improvement-Water and Sewer Main Extensions, City of Bozeman,EQ#06-2690 Dear Mrs. Skorpik: I have reviewed the plans,design report, and specifications you submitted on March 21, 2006 and April 13,2006 for the above-mentioned project in accordance with Department design standard DEQ-1 and DEQ-2. Approval of these plans is hereby given. A copy of the plans bearing the approval stamp of the • Department of Environmental Quality is enclosed. The second set will be retained as Department record. Please note that any deviations from the approved plans and specifications must be submitted to the Department prior to modification. Within 90 days following completion of the project, a complete set of "as-built"record drawings must be signed, stamped, certified to be constructed in accordance with approved plans and specifications, and submitted to the Department by the project engineer. The project may not be placed into service until the record drawings and specifications have been received by DEQ, or the project engineer certifies by letter to the Department that the activated portion of the project was inspected and found to be constructed in accordance with the plans and specifications approved by the Department. Construction of this project must be completed within three years of this date. If more than three years elapse before completing construction,plans and specifications must be resubmitted and approved before construction begins. If I can offer any further assistance,please feel free to contact me at(406)444-5312. Sincerely, John McDunn EIT Environmental Engineer Specialist Permitting and Compliance Division Public Water Supply Section cc: Gallatin County Sanitarian Roger Bernstein,Director Site Development,Lowe's HIVI', Inc., 1530 Faraday Avenue, Suite 140, Carlsbad,CA 92008 Robert J.Murray Jr.,P.E. City of Bozeman,P.O. Box 1230,Bozeman,MT 59771 Enforcement Division • Permitting&Compliance Division • Planning,Prevention&Assistance Division • Remediation Division DEPARTMENT.OF THE ARMY • CORPS OF ENGINEERS,OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST 15TM STREET,SUITE 2200 RECEIVED MAY 2 2.2A86 REPLY TO HELENA MT 59626 ATTENTION OF May 12,2006 Helena Regulatory Office Phone (406)441-1375 Fax (406) 441-1380 RE: Corps File No. 2006-9-0214 Lowes Home Improvement Store Lowe's H.I.W.,Inc. Attn: Mr. Michael L. Skiles 1530 Faraday Avenue, Suite 140 Carlsbad, California 92008 Dear Mr. Skiles: We have reviewed the Joint Application submitted.on your behalf by Morrison Maierle, Inc., requesting Department of the Army authorization to place fill in a borrow ditch wetland for commercial development. The project is located in Section 1,Township 2 South,Range5 East, Gallatin County,Montana. • Specifically, you requested the following: 1. Place permanent fill in an existing borrow ditch wetland (Wetland 2 and Wetland 3)to construct road access with impact to 0.07 acre of wetland. Mitigation for this impact will be at a 2:1 mitigation ratio. 2. Excavate and remove an existing man-made berm located between Wetland 2 and Wetland 3. The berm will be excavated to provide additional storage of treated storm water and for mitigation purposes. Wetland impacts from excavation of the borrow ditch wetland totals 0.2 acre and will be mitigated at a 1:1 mitigation ratio. 3. A total of 0.34 wetland acre will mitigate for 0.27 acre of wetland impacts. Under the authority of Section 404 of the Clean Water Act,Department of the Army permits are required for the discharge of fill material into waters of the United States. Waters of the U. S. include the area below the ordinary high water mark of stream channels and lakes or' ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands,as well as man-made channels and ditches,may be waters of the U. S. in certain circumstances, which must be determined on a case-by-case basis. Based on the information you initially provided,the site-is located within jurisdictional waters of the U. S. under the authority of Section 404 of the Clean Water Act. This is an Approved Jurisdictional Determination. If you disagree with this jurisdictional determination, you have the right to appeal the decision. If you would like more information on the jurisdictional appeal process,contact this office. - Prhed on G Recycled Paper 2 Based on the information provided,we have determined that the proposed work is authorized by Department of the Army Nationwide Permit 39,found in the January 15,2002 Federal Register(Vol. 67,No.-10,Part II), Issuance of Nationwide Permits. Enclosed is a fact sheet that fully describes this nationwide permit and lists the General Conditions,.which must be adhered to for this authorization to remain valid. Attached to the fact sheet are the Regional Conditions for the nationwide permit program in Montana,which may also apply to your proposed work. In addition to the General and Regional Conditions,your project is also subject to the following Special Conditions: 1. .Wetland impacts totaling 0.27 acres will be mitigated on site using a 2:1 mitigation ratio for 0.07 acre of impact and a 1:1 mitigation ratio for 0.2 acre of impact,for a total of 0.34 wetland acres. 2. Mitigation,revegetation,monitoring and success criteria described in the Mitigation Plan- Lowe's H.I.W. Inc., dated March 2006,and updated April 26, 2006, submitted with the revised application,must be followed. 3. For the next three years,annual reports presenting the monitoring results of the mitigation site shall be submitted to the Corps at the above referenced address. The reports shall assess both attainment of yearly performance criteria and progress toward final success • criteria. The first monitoring report shall be due one year after completion of mitigation construction, or by December 31, 2007 at the latest. Please reference Corps File No. 2006-9-0214 with all submittals. 4. If successful establishment of the mitigation site has not occurred in three years time,a contingency plan for proposed remedial action must be submitted to the Corps for approval and maintenance and monitoring of the site will continue until the Corps provides final project confirmation. 5. Future impacts to the mitigation site are prohibited. No maintenance activities associated with the stormwater detention basin may occur in the mitigation site. 6. Per NWP 39.0), a Deed Restriction protecting the mitigation site will be required. The mitigation site will need to be protected in perpetuity. This will require a deed restriction for the mitigation site to be placed on file with Gallatin County. A deed restriction will be required to remain in compliance with this authorization. A copy of the draft deed restriction must be submitted to this office at the above referenced address by September 30,2006,for Corps review and approval, prior to filing with Gallatin County. For your information, a copy of Appendix 12: Deed Restriction Template has been provided with this correspondence. 7. Successful mitigation must meet the following success criteria: a. Hydrology must meet the wetland definition in the 1987 Corps of Engineers Wetland Manual,with saturation to the surface of the soil for 12.5%of the growing season. b. No single plant species from the seeding mixture may constitute more than 50% of the species found on site. c. Two or more native species must be present. • 3 d. Herbaceous zones must have 80%cover with 50% or more cover by species listed as FAC or wetter,with plants rooted.for at least 12 months with plants showing natural reproduction. e. At least 50%of woody vegetation must be FAC or wetter, with woody vegetation stem counts of 400 per acre or canopy cover of 30%or greater by woody vegetation. Although an Individual Department of the Army permit involving a public interest review will not be required for the project,this does not eliminate the requirement that you obtain any other applicable Federal, state,tribal, and local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. The Montana Department of Environmental Quality has waived water quality certification for this project(see General Condition 9(a)on the enclosed fact sheet). However, this does not eliminate the need to obtain other permits that may be required by that agency. You are responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor or 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 that fails to comply with all the terms and conditions of this authorization will be considered unauthorized and subject to appropriate enforcement action. In compliance with General Condition 14 of the fact sheet,the attached Compliance Certification form must be signed and returned to this office upon completion of the authorized work and any required mitigation. This verification is valid until the nationwide permit is modified,reissued or revoked. The nationwide permit is scheduled to be modified,reissued or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the nationwide permit. We will issue a public notice announcing the changes when they occur. Public notices can be viewed on our website at www.nwo.usace.army.mil/html/od-rmt/mthome.htm. Furthermore,if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked,you will have twelve (12)months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. Should you at any time become aware that either an endangered and/or threatened species or its critical habitat exists within the project area,you must immediately notify this office. - - . 4 If you have any questions concerning this detdrmination,please contact Vicki Sullivan at (406)441-1375 and reference Corps File No. 2006-9-0214. Sincerely, Allan Steinle Montana Program Manager Enclosures Nationwide permit fact sheet 39 Compliance certification form Sample Deed Restriction CF: (w/o enclosures) Saccoccia Lands II, LLC 1234 Springhill Road Belgrade, Montana 59714 Morrison Maierle, Inc. Attn: Mr. Paul McGuire 901 Technology Boulevard Bozeman,Montana 59718 This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • • V • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • i � • w This tab does not require supplemental data. Please reference the Response to Conditions tab for information. � � �. � x This tab does not require supplemental data. Please reference the Response to Conditions tab for information. � � �` � . Y E BAXTER CLOSED TON1 N79TH TO 1TH RAWHIDE RIDGE N m E BAXTER E BAXTER E BAXTER D DETOUR DETOUR DETOUR RDAD r �0 CLOSED O AHEAD — �a ROAD • ROM C.D9ID CLOSED � //� E BAXTER nBw nA�T1c+ A"�D rrrora��.s� . / 1 1 CLOSED E BAXTER 2 • � � �r ETOUR nealTn►rF�c CLOSED P AHEAD T- E BAXTER �61 Z E BAXTER ��(i .Q �e ROAD CLOSED DETOUR r/,-os.o�� m GD •/��rw®�.: 7HRU TRAFFIC TNAUT� 1c H 2 H E BAXTER E BAXTER DES — DETOUR W OAK ST — E BAXTER E BAXTER DETOUR DETOUR Z BCS Billings Construction Supply E BAXTER N19TiTON°1TH 1406) 248-8355 I-800-472-6712 � � z _ _� • • This tab does not require supplemental data. Please reference the Response to Conditions tab for information. • • •1 V ^, •, ^Y,/ W 0 . This tab does not require supplemental data. 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