HomeMy WebLinkAbout31 Solid Waste and SWM Covenants 1 After recording return to: Fifth and Villard Apartments, LLC 111 W. Lamme St., Suite 101 Bozeman, MT 59715 DECLARATION OF PROTECTIVE COVENANTS FOR THE GUTHRIE (SOLID WASTE AND STORMWATER MANAGEMENT) This DECLARATION OF PROTECTIVE COVENANTS FOR THE GUTHRIE is made this ____ day of ___________, 20____ by Fifth and Villard Apartments, LLC, a Montana limited liability company with address of 111 W. Lamme, Suite 101, Bozeman, Montana (hereinafter referred to as “Declarant”). RECITALS WHEREAS, Declarant is the owner in fee simple of the following described lands in Gallatin County, Montana: INSERT LEGAL DESCRIPTION (the “Property”), upon which Declarant intends to construct a multi-family residential project in accordance with plans approved by the City of Bozeman (the “Project”). NOW THEREFORE, Declarant does hereby establish, dedicate, declare, publish and impose upon the Property the following Protective Covenants which shall run with the land and shall be binding upon and be for the benefit and value of the City of Bozeman and Declarant and persons claiming under it, its grantees, successors and assigns. These Protective Covenants shall apply to the entire Property and to all improvements placed or erected thereon and shall have perpetual existence, unless terminated by law or amended as herein provided. PROTECTIVE COVENANTS In connection with construction, maintenance and operation of the Project, the Declarant and all successor owners of the Project are responsible for and shall install, maintain and operate, including but not limited to ensuring and paying all associated financial obligations thereof, for the Project solid waste disposal and stormwater management facilities in accordance with the below program and guidelines: Preliminary
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2 SOLID WASTE It is the property owner’s responsibility to: 1. Move trash and recycling containers to the tip pad for collection 2. Provide a heated tip pad 3. Provide a 50 foot straight approach to the tip pad. STORMWATER It is the property owner’s responsibility to monitor and maintain their stormwater mitigation system. The system is designed to capture sediment and debris and requires regular monitoring and periodic maintenance to remove sediments and debris. If this sediment and debris is not periodically removed, it can cause undesired ponding and clogging. The stormwater retention system consists of manhole structures and underground chambers. These components need to be inspected quarterly, except in winter, and cleaned if required. 1. Inspect for sediment or debris in the manhole/inlet structures and remove if present. 2. Inspect infiltration chambers through inspection ports for sediment accumulation. Sediment depth less than 3” is acceptable. Sediment depth exceeding 3” requires removal by a cleaning service. 3. Check for damage, repair as needed. 4. Maintain records of quarterly inspections and cleaning and provide records to the City upon request. In the event the Project is converted to comply with the Montana Unit Ownership Act (i.e., a condominium), the Association shall assume the obligations stated above. ENFORCEMENT In the event of any violation or threatened violation of these covenants, the City of Bozeman may enforce these Protective Covenants by legal proceedings in a court of law or equity, including the seeking of injunctive relief and damages and attorneys’ fees related to the costs of enforcement. AMENDMENT These Protective Covenants may not be released, abandoned, removed or reduced in any manner during the occupancy of the Project without the written consent and agreement the City of Bozeman Director of Community Development or equivalent City employee. Preliminary
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3 SEVERABILITY A determination of invalidity of any one or more of the covenants or conditions hereof by judgment, order or decree of a court shall not affect in any manner the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed these Protective Covenants on the date first written above. [signature follows] Preliminary
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4 DECLARANT: Fifth and Villard Apartments, LLC By: Name: Its: STATE OF __________ ) : ss. County of __________ ) On this ____ day of _____________, 2024 before me appeared ____________ as the ___________________ for Fifth and Villard Apartments, LLC known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of limited liability company. (SEAL) __________________________________________ Notary Public for the State of _______________ Printed Name: _____________________________ Preliminary
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