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HomeMy WebLinkAbout027_PropOwnersAssociation 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NORTH PARK This Declaration, made this ____day of ____________________, 2024 by the STATE OF MONTANA, the STATE OF MONTANA, DEPARTMENT OF NATURAL RESOURCES & CONSERVATION (“DNRC”), BOZEMAN TRAX PARTNERS, LLC, (“BTP”) a Montana Limited Liability Company, and NORTHBLOC, LLC (hereinafter STATE OF MONTANA, DNRC, BTP, and NB are collectively referred to as “Declarants”), is made with reference to the following facts: RECITALS: A. Declarants are the owners of real property in the City of Bozeman, County of Gallatin, State of Montana, to-wit: STATE OF MONTANA: Tract 2 of Certificate of Survey No. 1723 located in the N1/2 of Section 36, Township 1 South, Range 5 East, M.P.M., according to the official plat thereof on file and of record in the office of the County Clerk and Reorder, Gallatin County, Montana. DNRC: A portion of the SW1/4 of Section 36, Township 1 South, Range 5 East, M.P.M., according to the official plat thereof on file and of record in the office of the County Clerk and Reorder, Gallatin County, Montana. BTP: Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 and the NE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Reorder, Gallatin County, Montana. NB: Tracts 2-B and 3-B of Certificate of Survey No. 2153A, being Tracts 1-A, 2-A, 3-A and 4-A of Certificate of Survey No. 2153, located in the NW1/4 2 and the NE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Reorder, Gallatin County, Montana. The Lots and Development Areas shall collectively be known as the "Property" or "North Park Development". B. The North Park Development consists of approximately 275 acres containing two separate types of areas: one area consisting of four (4) parcels that will be developed and owned in fee simple (the “Lots”) and another area consisting of two (2) pad sites that will be developed and occupied under long term subleases (the “Development Areas”). The Declarants submitted the Property for development to the City of Bozeman through the Master Site Plan process wherein the Developers are responsible for installing certain infrastructure and other requirements in order to fully develop the Property. C. Initially, the Development will consist of three (3) Lots, referred to as Lots A, B and C on the Master Site Plan and three (3) Development Areas, referred to as Areas TBD the Master Site Plan. Currently, the Lots are owned by BTP and NB and the Development Areas are on land owned by the STATE OF MONTANA and DNRC. Each Development Area is leased to BTP under separate long term Master Ground Leases dated (_____)on file with TBD & TBD. It is BTP’s intent to sublease the Development Areas to third parties (“Sub Lessees”) D. The Property is being developed as a Business and Commercial Master Site Plan development informally known as "North Park". By this document, Declarants desire to subject the Property to certain covenants, conditions and restrictions ("Covenants") for the benefit of the Property, Declarants and the future Lot Owners and Lessees of the Lots and Development Areas. It is intended that said Covenants bind and benefit not only said Property, Lot Owners, Lessees and Declarants, but also their respective successors, Sub-Lessees, heirs and assigns and that all Lots and Development Areas in this development be held, used, leased and conveyed subject to the covenants, conditions and restrictions set forth in this Declaration. If there is a conflict between these covenants and the Ground Leases for any development area, the most restrictive shall apply. 3 It is the general intent of this document to establish the legal authority for and to state the Covenants, Conditions and Restrictions that pertain to the Property within the North Park Development and to establish the North Park Owners Association. F. The requirements set forth in this Agreement shall, at all times, meet or exceed the minimum requirements and standards of the Master Site Plan and any subsequent amendments thereto, applicable zoning regulations, the Ground Leases all as existing at the time of issuance of the building permits. In the event of a conflict between these Covenants and any Federal, State, County, City or other governmental regulation ("regulation") the regulation shall apply over these Covenants, the more restrictive of the requirements shall apply. If there is a conflict between these Covenants and the Ground Leases for any development area, the most restrictive shall apply. ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in this Article I shall, as used in this Declaration, have the meanings herein set forth: 1.1 Association. "Association" shall mean the North Park Owners Association, a Montana nonprofit corporation, and its successors and assigns. "Board of Directors" or "Board" shall mean the duly elected and qualified members of the Board of Directors of the Association. The Board shall consist of members who are Lot Owner or Development Area Lessees. Every Lot Owner and every Lessee of a Development Area shall be a Member (as defined below). 1.2 Architect. "Architect" shall mean a person holding a certificate of registration to practice architecture in the State of Montana. 1.3 Beneficiary. "Beneficiary" shall mean a Mortgagee under a Mortgage as well as a Beneficiary under a Trust Indenture or Deed of Trust. 1.4 Bylaws. "Bylaws" shall refer to the Bylaws of and for North Park Owners Association, Inc. 1.5 Common Areas. "Common Areas" shall mean every portion of the Property which is to be maintained by the Association as herein provided on the Master Site Plan and Certificate of Survey No. 3019 on file with the Gallatin County Clerk and Recorder's Office, including but not limited to streets (to the extent not maintained by the City of Bozeman), boulevards, including lighting 4 improvements, trails, shared use paths, sidewalks, drainage easements and facilities, storm water retention or detention facilities, water course setback areas and emergency access area. 1.6 Covenants. "Covenants" shall mean this Declaration of Covenants, Conditions and Restrictions for North Park, as it may from time to time be amended or supplemented. 1.7 Creeks or Waterways. "Creeks or Waterways" shall include Mandeville Creek and the waterway constituting a part of the storm drainage retention system for the Property, including surface creek and underground conduits, which are more specifically described on Certificate of Survey No. TBD, on file and of record with the Gallatin County Clerk and Recorder. 1.8 Declarants. "Declarants" shall mean the State of Montana, the State of Montana, Department of Natural Resources & Conservation ("DNRC"), BOZEMAN TRAX PARTNERS, LLC ("BTP") and NORTHBLOC, LLC (“NB”) their successors and assigns. 1.9 Design Regulations. "Design Regulations" shall mean design regulations which may from time to time be adopted and published by Declarants to set forth procedures for review of plans and standards and criteria which Declarants expects to follow in reviewing proposed improvements and/or development of Lot or Development Areas within the Property. Initial Design Regulations are attached hereto as Appendix I. 1.10 Design Review. The Board shall approve, coordinate, expedite, and assure fair and equitable implementation of the Design Regulations. 1.11 Development Area. "Development Area" shall mean Area TBD & Area TBD as depicted on Certificate of Survey No. ___ on file and of record with the Gallatin County Clerk and Recorder's Office of Gallatin County, Montana as shown on the Master Site Plan for North Park and as may be amended in subsequent future Site Plan(s). The Development Areas are subject to the Master Ground Lease between DNRC and BTP and may be subleased to third parties (Sub-Lessees) by BTP. 1.12 Improvement/Improvements. "Improvement" or "Improvements" shall including buildings, outbuildings, roads, driveways, parking areas, fences, screening walls and carriers, retaining walls, stairs, decks, water lines, sewers, electrical and gas distribution facilities, hedges, windbreaks, plantings, planted trees and shrubs, 5 poles, signs, loading areas and all other structures, installations and landscaping of every type and kind, whether above or below the land surface. 1.13 Lessee. "Lessee" shall mean any person or entity which is a leaseholder or sublease holder, as the case may be, of a Development Area or person or entity who holds such interest as security for the payment of an obligation, other than a contract Seller, Mortgagee or other security holder, in actual possession of a Development Area. The term "Lessee" shall initially refer to BTP, but shall refer to a Sub-Lessee when a sub-lease of a Development Area is in existence. 1.14 Lot. "Lot" means Tracts 1-A, 2-A and 3-A of Certificate of Survey No. ____, located in the Northwest One-Quarter and the Northeast One- Quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. The Lots are owned in fee simple by BTP. 1.15 Lot Owner. "Lot Owner" means the owners of Lots, and specifically excludes the owner (DNRC) of the developed area. 1.16 Master Site Plan. "Master Site Plan" shall mean the Master Site Plan for North Park on file with the City of Bozeman. 1.17 Member. "Member" shall mean a member of the Association. Every Lot Owner and every Lessee of a Development Area shall automatically be a member of the Association, except that DNRC shall not be required to be a Member, but rather the Lessee of the Development Area shall be the Member and shall have all the rights and obligations of a Member hereunder. 1.18 Mortgage. "Mortgage" shall mean a Trust Indenture or Deed of Trust, as well as a Mortgage. 1.19 Mortgagee. "Mortgagee" shall mean a Beneficiary under, or holder of, a Trust Indenture or Deed of Trust, as well as a Mortgagee under a Mortgage. 1.20 Occupant. "Occupant" shall mean a sub-lessee of a Lessee or any other person or entity other than a Lessee in lawful possession of a Development Area with the permission of the Lessee and Declarants. 6 1.21 Property. “Property” shall mean and refer to the property described on Exhibit “A”, together with such additions as may hereafter be annexed thereto by Declarants in accordance with the terms hereof. 1.22 Record - Recorded - Recordation. “Record, “recorded”, or “recordation”, shall mean with respect to any document, the recordation of said document in the Office of the Clerk and Recorder of Gallatin County, Montana. 1.23 Sign. “Sign” shall mean any structure, or contrivance, electric or nonelectric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device, or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or, otherwise fastened or affixed. 1.24 Street or Streets. “Street” or “streets” shall mean any street, highway, road or thoroughfare within or adjacent to the Property and shown on any recorded subdivision plat, or record or survey, whether designated thereon as street, avenue or road. 1.25 Trust Indenture. “Trust Indenture” shall mean a Mortgage or Deed of Trust, as well as a Trust Indenture. 1.26 Property. "Property" shall mean and refer to the property described on Exhibit "A", together with such additions as may hereafter be annexed thereto by Declarants in accordance with the terms hereof. 1.27 Record/Recorded or Recordation. "Record", "recorded", or "recordation", shall mean with respect to any document, the recordation of said document in the Office of the Clerk and Recorder of Gallatin County, Montana. 1.28 Sign. "Sign" shall mean any structure, or contrivance, electric or nonelectric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device, or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or, otherwise fastened or affixed. 1.29 Street or Streets. "Street" or "Streets" shall mean any street, highway, road or thoroughfare within or adjacent to the Property and shown on Certificate of Survey No. ____whether designated thereon as street, avenue or road and shall include Cultivar Street, Mandeville Road, Fauna Street and Flora Street. 1.30 Sub-Lessee. "Sub-Lessee" is a person or entity who has entered into a sub-lease with BTP for the Lease of Development Area. 7 1.31 Trust Indenture. "Trust Indenture" shall mean a Mortgage or Deed of Trust, as well as a Trust Indenture. 1.32 Visible From Neighboring Property. "Visible from neighboring property" shall mean, with respect to any given object on Lots or Development Areas that such object is or would be visible to a person six (6) feet tall, standing on any part of any adjacent Lot or Development Area, or other property at an elevation no greater than the elevation of the object being viewed. ARTICLE 11 SUBJECT PROPERTY 2.1 General Declaration. Declarants hereby declare that all of the Property more particularly described in the recitals above, shall be conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to these Covenants. All of the Covenants, set forth herein are declared and agreed to be in furtherance of a general plan for development and the Master Site Plan, and the improvement and sale or lease of the Property and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. All of the Covenants shall run with all of the Property for all purposes and shall be binding upon and inure to the benefit of Declarants and all Lot Owners and Lessees, and their successors in interest as set forth in these Covenants. 2.2 Subdivision of Lots or Development Areas. No Lots or Development Areas within North Park shall be further subdivided or otherwise divided without the consent of the Declarants. Any Declarant approved subdivision of Lots or Development Areas must further comply with requirements and procedures set forth in the Bozeman Subdivision Regulations and/or amended Master Site Plan process. ARTICLE 111 CITY REQUIRED COVENANTS 3.1 The North Park Owners Association shall be responsible for the control of County-declared noxious weeds. (a) Lot Owners of Lots and Lessees of Development Areas are responsible for noxious weed control on their individual Lots and Development Areas as stated in the Montana County Noxious Weed Control Act (Mont. Code Ann. 57-22-2116) and according to the District's Noxious Weed Management Plan. 8 (b) The North Park Owners Association is responsible for noxious weed control in parks, open spaces, community areas, trails and roadways within the Property. The Association will also act as the contact point for any noxious weed complaints within the Property. The control of noxious weeds by the North Park Owners Association on those areas for which the North Park Owners Association is responsible and the control of noxious weeds by individual Lot Owners of Lots and the Lessees of Development Areas on their respective Lots or Development Areas shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 57-22-2101 through {7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The Lot Owners of Lots and the Lessees of Development Areas shall be responsible for the control of the State and County declared noxious weeds on his/her/its own Lot or Development Area. Both unimproved and improved Lots and Development Areas shall be managed for noxious weeds. In the event a Lot Owner or Lessee does not control the noxious weeds, after 10 days' notice from the North Park Owners Association, the North Park Owners Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the Lot or Lessee's Development Area and such assessment may become a lien on the Lot Owner's Lot or Development Area if not paid within thirty (30) days of the mailing of such assessment. The North Park Owners Association is responsible for control of State and County declared noxious weeds in the Development's parks, open spaces, community areas, trails and roadways. 3.2. Lot Owners and Lessees are informed that nearby uses may be agricultural. Lot Owners and Lessees accept and are aware that standard agricultural and farming practices can result in smoke, dust, animal odors, flies, and machinery noises. Standard agricultural practices feature the use of heavy equipment, burning, chemical sprays, and the use of machinery early in the morning and late into the evening. 3.3 The North Park Owners Association shall be responsible for maintenance of the Common Areas. 3.4 All fences bordering agricultural lands shall be maintained by the Lot Owners or Lessee's of Development Areas in accordance with State law. 3.5 Membership in the North Park Owners' Association shall be mandatory for each Lot Owner and Development Area Lessee; however, the DNRC shall not be required to be a Member of the Association. Each Lot Owner or Development Area Lessee shall be required to pay such fees as the Board of Directors of the Association deem appropriate for real estate taxes, insurance and the maintenance of the Common Areas. Each Lot Owner or Development Area Lessee shall have one vote per Lot or Development Area. If the Lots or Development Areas are further divided, the original Lot or Development Area as shown on the attached Master Site Plan shall continue to have only one vote, regardless of its further division. 9 3.6 The North Park Owners Association shall be responsible for liability insurance (in an amount to be determined by the Board of Directors of the Association), taxes and maintenance of the Common Areas; 3.7 Assessments levied by the Board of Directors of the North Park Owners Association shall become a lien on individual Lots or Development Areas leasehold interests in the event that they remain unpaid. 3.8 The Board of Directors shall consist of at least three Members who must be either Lot Owners or Development Area Lessees. 3.9 The Declarants shall transfer control of the North Park Owners Association to the Lot Owners and Development Area Lessees upon the sale of 50% of the Lots and the subleasing of 50% of the Development Areas, or within five (5) years from approval of the Master Site Plan, whichever occurs first. 3.10 The North Park Owners Association shall maintain all storm water retention or detention facilities as depicted on the Master Site Plan and any amendments thereto and the Declarants hereby reserve maintenance and access easements to all storm water retention or detention facilities for the use of the Association. The North Park Owners Association shall maintain the storm water facilities in accordance with the Storm Water Maintenance Plan attached hereto as Appendix IV. 3.11 The Association shall be responsible for the maintenance of the trail on the east side of Mandeville Creek as set forth on the Master Site Plan and in accordance with any rule, ordinances or other requirements of the City of Bozeman. 3.12 Any covenant which is included herein as a condition of the Master Site Plan approval and required by the City Commission shall not be amended or revoked without the mutual consent of the DNRC, Lot Owners and Development Area Lessees, in accordance with the amendment procedures in the covenants, and the City Commission. ARTICLE IV DESIGN, APPROVAL AND CONSTRUCTION REGULATIONS 4.1 Design Regulations for North Park are hereby adopted as Appendix I to these Covenants and herein incorporated by reference and shall be deemed covenants running with and binding the Property described above. Prior to constructing, remodeling or reconstructing any Improvements, Lot Owner or Lessees shall first submit a copy of complete plans and specifications for written approval to the Association, as further set forth on Appendix I. 10 4.2 City of Bozeman City Plan Approval. Prior to constructing any improvements, an Lot Owner or Lessee shall apply for and receive Site Plan Approval by the City of Bozeman, which includes but is not limited to review for compliance with the City of Bozeman Design Objectives Plan for Entryway Corridors, and regulations regarding site design, utilities, landscaping, building location and design, construction materials, fire protection, signage and construction procedures. ARTICLE V REGULATION OF OPERATIONS AND USES 5.1 Permitted Uses. The allowable uses of each Lot or Development Area shall be determined by the Association in conformance with those uses allowed in the M-l zoning district of the City of Bozeman, but specifically excluding those uses set forth on Appendix II. Said use shall be consistent with the design and overall business park objectives as set forth in the design guidelines. 5.2 Nuisances. No noxious or offensive activity shall be carried on upon any portion of the Property, nor shall anything be done thereon which may be, or may become, an annoyance to the other Lot Owners or Lessees. Any violation of City or County ordinances, zoning or other governmental regulations or the Master Ground Leases and Subleases shall be a violation of these covenants and can be enforced by the Association or individual Lot Owner or Development Area Lessees. A "nuisance" shall also include, but not be limited to, conditions violating by standard guidelines relating to air or water pollution, radiation, noise and ground vibration. 5.3 Condition of Property. The Lot Owner or Lessee of any Lot or Development Area shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with all applicable governmental, health, fire and safety ordinances, regulations, requirements and directives and the Lot Owner and/or Lessee shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot or Development Area. 5.4. Maintenance of Lot or Development Area. Each Lot Owner and Lessee shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on a Lot or Development Area. Such maintenance and repair shall include, without limitation: (a) Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute (to the extent not maintained by the City of Bozeman) therefor as shall, in all respects, be equal thereto in quality, appearance and durability; the removal of 11 debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional signals as required; (b) Cleaning, maintenance and revamping of any external lighting fixtures except such fixtures as may be the property of any public utility or government body or pan of the Common Area. (c) Performance of all necessary maintenance of all landscaping including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or waste materials, replacement of any dead or diseased grass, ground cover, shrubs or trees; (d) Control of all noxious weeds as determined and declared by the Gallatin County Weed Control District, by methods consistent with the Gallatin County Noxious Weed Management Plan; (e) Removal of snow and ice from all driveways, parking areas and sidewalks within a timely manner to ensure safe passage of pedestrians and vehicles; (f) Unless the Lessee or Occupant personally performs the maintenance required hereunder, each Member shall contract for performance of all landscaping and parking lot maintenance required hereby and shall keep continuously on file with the Association a copy of the current maintenance agreements. Nothing contained herein shall preclude a Lot Owner or Lessee from recovering from any person liable therefore, damages to which such Lot Owner or Lessee might be entitled for any act or omission to act requiring an expenditure by the Lot Owner or Lessee for the maintenance and repair of the parking area, driveway, walkway and/or landscaping on his Lot or Development Area. 5.5 Remedies for Failure to Maintain and Repair. (a) Remedies. If any Lot Owner or Lessee shall fail to perform the maintenance and repair required herein, then either of the Declarants and/or Association, after fifteen days' prior written notice to such delinquent Lot Owner or Lessee shall have the right, but not the obligation, to perform such maintenance and repair and to charge the delinquent Lot Owner or Lessee with the cost of such work together with interest thereon at an annual rate equal to the maximum rate allowed under Montana law from the date of Declarants and/or Association's advancement of funds for such work to the date of reimbursement of Declarants and/or Association by Lot Owner or Lessee. If 12 the delinquent Lot Owner or Lessee shall fail to reimburse Declarants and/or Association for such costs and such costs shall remain unpaid for three months, Declarants and/or Association may file for and record a claim of lien signed by Declarants and/or Association for the amount of such charge together with interest thereon. The lien created by this section shall be effective to establish a lien against the interest of the delinquent Lot Owner on his Lot or Development Area leasehold interests together with interest at the rate provided above on the amount of such advance from the date thereof, in addition to recording fees, costs of title search obtained in connection with such lien or the foreclosure thereof and court costs and reasonable attorney's fees which may be incurred in the enforcement of such lien. (b) Foreclosure of Lien. Such a lien, when so established against the Lot or subjected to Lease provisions or Development Area leasehold interests described in said claim shall be for the benefit of Declarants and/or Association and may be enforced and foreclosed in a like manner as a real estate or leasehold mortgage is foreclosed in the State of Montana and if against a leasehold interest as described in the Lease. (c) Cure. If a default to which lien was filed is cured, Declarants and or Association shall file or record a release of such lien, upon payment by the defaulting Lot Owner or Lessee of the cost of preparing and filing or recording such rescission, and other reasonable costs, interest or fees which have been incurred. (d) Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall be in addition to, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, including any suit to recover a money judgment for unpaid assessments. If any Lot Owner or Lessee shall fail to perform such maintenance and repair and, notwithstanding such failure, Declarants and or Association should fail to exercise its rights and remedies hereunder, then, the Association, any other Lot Owner or Lessee, after fifteen (15) days prior written notice to Declarants and or Association and such delinquent Lot Owner or Lessee, shall have the right, but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to the Declarants and or Association. 5.6 Refuse Collection Areas. All outdoor refuse collection areas shall be visually screened so as not to be visible from neighboring property or streets. No refuse collection area shall be permitted between a street and the front of a building. 13 5.7 Repair of Buildings. No building or structure upon any Lot or Development Area shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted otherwise finished. 5.8 Public Utilities. Declarants reserve the right to grant consents for the construction and operation of public utilities including, but not limited to interurban or rapid transit, lines for electricity, telephone or telegraph, above or below ground conduits, and gas pipes in and upon any and all streets now existing or hereafter established upon their respective ownership of the Property. Declarants and/or the Association reserves the right to grant consents and to petition the proper authorities for any and all street improvements such as grading, seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface or subsurface, which in the opinion of Declarants and the Association are necessary on or to the Property and as conveyed through the Master Site Plan or future easement process, as necessary. Notwithstanding the provisions and Appendix I, Declarants and the Association reserve the right to approve above ground utility lines across the Property or any portion thereof on a temporary basis for the purpose of construction, and such lines shall be permitted when required by a government agency. 5.9 Utility Lines and Antennas. No sewer, drainage, or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals including telephone, television, microwave or radio signals shall be constructed, placed or maintained anywhere in or upon any portion of the Property other than within buildings or structures unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. No antenna for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any Lot or Development Area within the Property without the prior written approval of the Association. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of buildings on the Property. 5.10 Mechanical Equipment. All mechanical equipment, utility meters, storage tanks, air conditioning equipment and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself. 5.11 Mineral Exploration. No portion of the Property shall be used in any manner to explore for or to remove any steam, heat, oil or other hydrocarbons, gravel, earth or any earth substances or other minerals of any kind, provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of improvements within the Property. Water may be extracted by Declarants and/or the Association to the extent permitted by the appropriate governmental agency. 14 5.12 Other Operations and Uses. Operations and uses which are neither specifically prohibited nor specifically authorized by these Covenants may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by the Association in accordance with the procedures set forth herein. Approval or disapproval of such operational plans and specifications shall be based upon the effect of such operations or uses on other property subject to these Covenants or upon the Lessees thereof but shall be in the sole discretion of the Association. Any such approval shall be subject to the review and approval of the proper local authorities in the City of Bozeman and Gallatin County. 5.13 Surrender of Premises. Upon expiration or cancellation of the Ground Lease or the Lessee's sublease for a Lot or Development Area within this development, Lessee agrees to quit and surrender the premises broom clean, ordinary wear and tear excepted. ARTICLE VI EASEMENTS 6. I Reservation of Easements. Declarants and/or the Association hereby reserve easements over and across the Property for the following purposes: (a) To install, maintain, operate, repair and replace the storm drainage retention system for the Property, including all pumps, motors, pipes and culverts, filters, screens, and other equipment used in connection therewith, and the beds and banks of any creek, pond, or waterway constituting a part of the storm drainage system. The location of the easement for the storm drainage retention system and waterways is more specifically described and depicted on the master site plan filed in the records of Gallatin County, Montana. Declarants and the Association reserves the right to amend and relocate portions of the easement reserved by this paragraph within respective Property owned by the Declarants at any time, by recording an amended easement exhibit, certified as such by the Declarants which amendment shall be approved by the City of Bozeman. (b) To maintain landscaping and the landscaping irrigation system installed within the Common Areas, including watering, mowing, trimming, pruning, fertilizing, mulching, and replacing trees, shrubs, ground covers and other planting materials. Said maintenance will comply with the Noxious Weeds Management Plan of the Gallatin County Weed Control District and the Montana County Noxious Weed Control Act. Certificate of Survey No. ____ illustrates conveyed easements for certain roads, utilities, drainage and other exactions. No easements outside those explicitly indicated with signature by the Director of the DNRC upon Certificate of Survey No. are conveyed without further separate approval. 15 ARTICLE VII NORTH PARK OWNERS' ASSOCIATION 7. I Creation. The Association shall be created and empowered pursuant to the Articles and Bylaws and shall be established for the purpose of promoting, developing and operating North Park. Control of the Association shall be turned over to the Lot Owners and Lessees when Declarants have conveyed 50% of the Lots and sub-leased 50% of the Development Areas, or five (5) years from the filing of this document, whichever occurs first. Declarant BTP shall have all the authority vested in the Association until such time. Unless otherwise agreed upon in writing by BTP, BTP shall retain the voting rights for each Lot or Development Area that it retains ownership or Ground Leases on. 7.2 Purpose of Association. The Association has been formed as a Montana nonprofit corporation in accordance with Chapter 2 of Title 35, Montana Code Annotated for the purpose of enforcing these covenants and operating the Association for the benefit of all Members therein. 7.3 Function. The function of the Association shall include but not be limited to the following: (a) Adopt Bylaws for the governance of the Association; (b) Make provisions for the repairs and maintenance of the Common Areas; (c) Levy assessments as provided for in this Declaration and the Bylaws; (d) Adopt and implement a policy for the affairs of the Association; (e) Represent the interests of the Lot Owners and Lessees in matters concerning the Association; (f) Enter into contracts or hire personnel for the management of the affairs of the Association and the maintenance and repair of the Common Areas; Be responsible for the perpetual maintenance of the Common Areas and to the extent such maintenance is required; and (h) Be responsible for the upkeep, maintenance, repair, refurbishing and remodeling of the Common Areas including the lands, grounds, landscaping, shrubbery, and trees (which includes control of noxious weeds). 7.4 Bylaws of and for Association. The Bylaws of and for North Park Owners' Association, Inc. establish membership in and the duties, powers, operations, and rights of the Association and the Members therein. The Association shall be governed by and empowered to act in accordance with the Bylaws, which are attached hereto as Appendix Ill. 7.5 Membership in Association. Every person, group of persons, partnership, corporation, or association who is a Lessee of a Development Area or Lot Owner within 16 the boundaries of the area described as North Park Development, shall be a Member of the Association. By this provision, each Lot or Development Area as shown on the Master Site Plan and Certificate of Survey No. ___ and amendments thereto shall entitle the Lot Owner each Lot and the Lessee of each Development Area one membership interest in the Association. Each Lot or Development Area shall be entitled to one vote. Multiple Lot Owners of a Lot or multiple Lessees of a Development Area have collectively one such membership interest or voting interest. If more than one Lot or Development Area is owned or leased, the Lot Owner or Lessee thereof would have one membership or voting interest for each separate Lot or Development Area. Membership interest shall run with the land, so that said interest is an incident to ownership or leasehold interest beginning when ownership or leasehold rights are acquired and terminating when such rights are divested. Accordingly, no Member shall be expelled, nor shall he be permitted to withdraw or resign while possessing a membership interest. 7.6 Assessments. The Association acting through the Board of Directors, shall have the power to levy assessments on its Members. The Lot Owner of any Lot and the Lessee of any Development Area by acceptance of a contract of sale, deed or lease therefore, as the case may be, whether or not it shall be so expressed in such deed, contract or lease is deemed to covenant and agree to pay to the Association (a) annual assessments or charges; and (b) special assessments for capital improvements, such assessments to be established and collected as provide in the Bylaws. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot or Development Area leasehold interest and shall be a continuing lien upon the Lot or Development Area leasehold interest against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Lot Owner or Lessee of such property at the time the assessment fell due. The Association has the authority to impose reasonable charges for interests and penalties for overdue payments. The Association Board of Directors must first obtain the approval of a majority of the membership interests before a) making any assessment for a capital improvement costing in excess of $10,000.00; or (b) mortgaging, encumbering or otherwise disposing of any Property of the Association in excess of $5,000.00. The Association shall levy assessments upon the Lot Owners and Lessees in the following manner and for the following reasons: a) Assessments shall be made as a part of the regular business of the Association at any regular or special meeting thereof as provided in the Bylaws of the Association. Notice of the assessment, amount thereof, and the purpose for which it is made whether regular or special, including an annual budget for expenditures and operations, shall be served on all Lot Owners and Lessees 17 affected by delivering a copy of the same to the Lot Owners or Lessees personally or by mailing a copy of the notice to the Lot Owners and Lessees at their addresses of record at least ten (10) days prior to the date for such meeting. b) Assessments shall be made for the repair, replacement, general maintenance, management and administration of common elements, fees, costs and expenses of the Manager, taxes for common areas, if any, to establish a reserve fund and for the Lot Owners and Lessees percentage share of any special improvement district assessments. Assessments shall be on a per Lot or Development Area basis. c) Each Lot Owner or Lessee shall be assessed for Association expenses including but not limited to insurance, taxes, Common Area Expenses, the expenses of any properly created special improvement districts (SIDS) affecting the Property, including, but not limited to lighting districts, street maintenance and tree maintenance. Such assessments, and assessments for Common Expenses, shall be collected and paid according to the terms and under the procedures more particularly set forth in the Bylaws. The amounts of assessments described above, and any other assessments allowed by the Bylaws, these Covenants and by the State of Montana, shall be fixed by the Board of Directors. Notice of each Lot Owner's or Lessee's assessments shall be mailed to them at his or her address of record. d) Common Expenses and profits, if any, of the Subdivision shall be charged to and distributed among the Lot Owners and Lessees per Lot. e) At the time the Association holds its first meeting, or at any duly noticed meeting thereafter, a reserve account will be set up. Thereafter, a yearly assessment shall be made for the reserve account in an amount determined by the Association but in no event shall it be less than 10% of the annual budget. The reserve funds shall be for the maintenance, repair, replacement and administration of the Common Elements. The BTP shall not be required to pay any amounts toward the reserve fund for any Lot owned or Development Area leased by BTP until the date that 50% of all Lots have been sold and 50% of the Development Areas have been sub-leased, or five (5) years from the filing of this Declaration, whichever occurs first. f) The Association, acting through the Board or the Manager, shall have the authority to levy fines against Lots and Development Areas for any violation of the covenants set forth herein or for any violation of the rules and regulations duly adopted by the Board. For each violation, the Lot Owner or Lessee may be fined according to the following fine schedule: 18 First Offense: $ 25.00 Second Offense: $ 50.00 Third Offense & more: $100.00 The fine schedule may be amended by the Board at any duly called meeting provided it is thereafter approved by at least seventy-five percent (75%) of the Lots and Development Areas. All fines shall be considered final and shall be considered an assessment and a lien against the Lot or Development Areas unless the Lot Owner makes a written appeal to the Board within five (5) business days of receiving the fine and the Board subsequently overt-mms such fine. The Board shall have thirty days to meet and render its decision regarding the fine, which decision shall be final. All fines may be collected by the Association in the same manner as an assessment as set forth herein. All fines not paid within thirty (30) days shall accrue interest at the then maximum current legal rate of interest per annum on the amount of the fine from the due date thereof. g) Due Date: Delinquency. All assessments shall be due thirty (30) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association, and may be payable in one annual payment, quarterly or monthly installments, at the option of the Lot Owner or Lessee. The amount assessed against each Lot or Development Area shall be the personal and individual obligations of the Lot Owner or Lessee. No Lot Owner or Lessee shall be exempt from liability for any assessment by waiver of the use of enjoyment of any of the Common Areas or by abandonment of the Lot or Development Area. All assessments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest at the highest rate allowed by law. h) Collection. The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Lot Owner or Lessee shall be obligated to pay interest at the then current legal rate of interest per annum on the amount of the assessment from the due date thereof, together with all expenses, including attorney fees incurred, together with such interest and late charges as are provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid Common Expenses and Limited Expenses may be maintainable without foreclosing or waiving the lien securing the same. Unpaid assessments, together with attorney fees, interest and costs shall also be a personal obligation of the Lot Owner or 19 Lessee at the time the assessment becomes due and a purchaser may be held jointly or severally liable for past due payments. 7.7 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for Lots or Development Areas. Assessments must be made upon the pro-rata share of each Lot or Development Areas based upon the total assessment cost divided by the total number of Lots and Development Areas. 7.8 Budgets. A budget for maintenance of the Association will be prepared annually and assessed to each Lot or Development Area. 7.9 Liens. The Association may lien lots or Development Area leasehold interests if assessments are not timely paid. To evidence such a lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereof, and the name of the Lot Owner or Lessee and a description of the Lot or Development Area leasehold interest. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his or her authorized agent, and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of a mortgage on real property or leasehold interests, as the case may be. In any foreclosure, the Lot Owner or Lessee shall be required to pay a reasonable rental for the Lot of Development Area and the Plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosure or waiving the lien securing the same. In any such proceeding the Lot Owner or Lessee may be required to pay the costs, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. Liens for unpaid assessments may be foreclosed in the manner as a mortgage on real property or leasehold interest (as the case may be) and the Association shall be entitled in any such foreclosure proceedings to recover its court costs, expenses, and reasonable attorney's fees. 7.10 Insurance. The Association, acting by and through the Board of Directors, shall obtain, purchase, and maintain all insurance policies of the type and in the amounts deemed necessary by the Board of Directors, including but not limited to Blanket Property Insurance on Common Areas, Commercial General Liability coverage, Workers' Compensation, Director and Officer coverage and Fidelity insurance. Neither the Association, Board of Directors, nor the Declarants, however, shall be liable for the failure to obtain any coverages or for any loss or damage resulting from such failure, if such failure is due to the unavailability of such coverages, or if such coverages are so available only at a demonstrably unreasonable cost. 20 7.11 Indemnification. Each officer, director, and former officer and director of the Association shall be indemnified by the Association against all expenses and liabilities, including attorney's fees, reasonable incurred by or imposed upon him in any proceeding to which he may be a party, or in which he may become involved by reason of his being or having been an officer or director of the Association, or any settlement thereof, whether or not he is an officer, director or committee Member is adjudged guilty of willful malfeasance in the performance of his duties. The Association may procure and maintain insurance against such liabilities or such kind and amount as its Board of Directors may approve. ARTICLE MODIFICATION AND REPEAL 8.1 Procedure. Except as otherwise provided herein, this Declaration or any provision hereof, or any covenant, condition or restriction contained herein, may be extended, modified or otherwise amended, as to the whole of the subject property or any portion thereof, with the written consent of the Lot Owners, Lessees of fifty-one percent (51) of the Property, provided, however, that so long as BTP owns at least twenty percent (20%) of the Lots subject to these covenants, conditions and restrictions, or for a period of five (5) years from the effective date hereof, whichever period is shorter, no such extension, modification or other amendment shall be effective without the written approval of BTP, which approval shall not be unreasonably withheld. Further, so long as DNRC owns the Development Areas subject to these covenants, conditions and restrictions, no such extension, modification or other amendment shall be effective without the written approval of DNRC, which approval will not be unreasonably withheld. Lastly, no such extension, modification or other amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded. ARTICLE IX ENFORCEMENT 9. I Abatement and Suit. The Lot Owner of each Lot or Lessee of a Development Area shall be primarily liable, for the violation or breach of any covenant, condition or restriction herein contained. Violation or breach of any covenant, condition or restriction herein contained shall give to the Association, following thirty (30) days written notice to the Lot Owner or Lessee in question except in existing circumstances, the right, privilege and license to enter upon the Lot or Development Area where said violation or breach exists and to abate and remove summarily, or abate or remove at the expense of the Lot Owner or Lessee thereof, any Improvement, structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. No such entry by the Association or their agents shall be deemed a trespass, and the Association nor its agents shall be subject to liability to the Lot Owner or Lessee of said 21 Lot or Development Area for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation or any Lot Owner or Lessee in violation of any provision of these Covenants, as well as a lien (enforceable in the same manner as a mortgage) upon the Lot or Development Area leasehold interest in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot or Development Area leasehold interest in question unless a suit to enforce said liens hall have been filed in a court of record in Gallatin County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot or Development Area leasehold interest in question to such purchaser or mortgagee, respectively. 9.2 Right of Entry. During reasonable hours and upon reasonable notice, and subject to reasonable security requirements, the Association or their agents, shall have the right to enter upon and inspect any Lot or Development Area and the improvements thereon covered by these Covenants for the purpose of ascertaining whether or not the provisions of these Covenants have been or are being complied with and the Association or agents shall not be deemed to have committed a trespass or other wrongful acts by reason of such entry or inspection. 9.3 Deemed to Constitute a Nuisance. The result of every act or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and ever)/ remedy allowed by law or in equity against an Lot Owner or Lessee either public or private, shall be applicable against every such result and may be exercised by the Association. 9.4 Attorney's Fees. In any legal or equitable proceeding for the enforcement of this Covenants or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties shall pay the attorney's fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled to said attorney's fees even though said proceeding is settled prior to judgment. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 9.5 Failure to Enforce is No Waiver. The failure of Declarants and/or Association to enforce any requirement, restriction or standard herein contained shall in no event be deemed to be a waiver of the right to do so thereafter or in other cases, nor the right to enforce any other restriction. 22 ARTICLE X ASSIGNMENT Any and all of the rights, powers and reservations of Declarants herein contained may be assigned to any person, partnership, corporation or association which will assume the duties of Declarants pertaining to the particular rights, powers and reservations assigned, and upon any such person, partnership, corporation or association evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such assignment, have the same right and powers and be subject to the same obligation and duties as are given to and assumed by Declarants herein. If at any time Declarants ceases to exist and has not made such an assignment, a successor to Declarants may be appointed in the same manner as this Declaration may be modified or amended. Any assignment or appointment made under this article shall be in reasonable for and shall be recorded. ARTICLE XI CONSTRUCTIVE NOTICE AND ACCEPTANCE Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to these Covenants is contained in the instrument by which such person acquired an interest in the Property. ARTICLE XII WAIVER Neither Declarants or the Association nor their successors or assigns shall be liable to any Lot Owner or Lessee of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of these Covenants. Every Lot Owner or Lessee of any said property by acquiring its interest therein agrees that it will not bring any action or suit against Declarants and or the Association to recover any such damages or to seek equitable relief because of same. ARTICLE XII RUNS WITH LAND All covenants, conditions, restrictions and agreements herein contained are made for the direct, mutual and reciprocal benefit of each and every Lot or Development Area of the Property; shall create equitable servitude upon each Lot or Development Area in favor of every other Lot or Development Area; shall create reciprocal rights and obligations between respective Lot Owners and Lessees of all Lots or Development Areas and privity of contract and estate between all grantees of said Lots or Development Areas, their heirs, successors 23 and assigns; and shall, as to the Lot Owner of each Lot or Development Area, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lot or Development Areas, except as provided otherwise herein. ARTICLE XIV CAPTIONS The captions of articles and sections herein are used for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular article or section to which they refer. ARTICLE XV SEVERABILITY If any part, term or provision of these covenants is held to be illegal or unenforceable, the validity of the remaining portions shall not be affected. Declarants: BOZEMAN TRAX PARTNERS, LLC By:______________________________ Its:______________________________ Department of Natural Resources and Conservation By:______________________________ Director, Montana Department of Natural Resources and Conservation STATE OF ______________) :ss County of ________________) On this ______ day of _____________, 2024, before me, a Notary Public for the State of __________________, personally appeared_____________________, known to me to be the__________________________ of BOZEMAN TRAX PARTNERS, LLC and the person 24 whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. ____________________________________ ____________________________________ Notary Public for the State of____________ (SEAL) Residing at___________________________ My commission expires:_________________ STATE OF MONTANA ) :ss County of Lewis and Clark ) On this ______ day of _____________, 2024, before me, a Notary Public for the State of Montana, personally appeared_____________________, known to me to be the Director of the Montana Department of Natural Resources and Conservation, and the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. ____________________________________ ____________________________________ Notary Public for the State of Montana (SEAL) Residing at____________________Montana My commission expires:_________________ APPENDIX I DESIGN REGULATIONS AND GUIDELINES General Development concept and intent: North Park shall be a mixed-use development located in a key are of Bozeman. The underlying zoning is designated as to provide a range of opportuni�es for serving the employment needs and recrea�on opportuni�es for the City of Bozeman. Addi�onally, the zoning designa�on provides opportunity for housing types that are compa�ble with these uses. It is the inten�on of the Declarant to create a place where warehouse uses can coexist alongside office, housing, and recrea�onal opportuni�es. The sense and feel of the development is to be that of a new industrial area that is undergoing a revitaliza�on. To that end, the look and character of the buildings are to be industrial in nature with modern accents that portray the progressive nature of the project. Site considera�ons: Building placement shall be compa�ble with adjacent uses and encourage pedestrian circula�on between sites and with the plan layout. Further sites are required to place building fronts along street edges and place parking to the rear of the building. On larger sites with mul�ple buildings, buildings can be clustered around a central parking area while s�ll maintaining buildings along the street fronts. Parking lot and street front boulevard landscaping shall comply with City of Bozeman standards. The use of shared parking areas is encouraged where appropriate as well as providing connec�vity from one parking area to another. Specific objec�ves: 1. Create strong street wall by loca�ng building frontages at the front property line or the minimum required setback. Where addi�onal setback is necessary, ac�vate the area with a courtyard or “outdoor room” adjacent to the street by incorpora�ng outdoor dining, sea�ng, or other landscape features, for example. 2. Provide direct paths of travel for pedestrian des�na�ons within large developments. 3. Place buildings around a central common open space to promote safety and the use of shared outdoor areas. 4. Provide bicycle racks near building entrances. Disperse bicycle parking facili�es throughout larger sites and locate them in convenient and visible areas. Massing and Scale: The inten�on is to allow for the full possibili�es of height and scale of buildings currently under the City of Bozeman planning and building codes. Given that some of the facili�es contemplated on the property will be quite large in scale, par�cular focus should be made to the entry areas to provide a more human scale. It is expected that buildings may have large expanses of uninterrupted wall planes, however buildings that front along street edges shall not have an uninterrupted wall plane more than forty feet. Other typical architectural strategies to create visually pleasing buildings are encouraged as well. In keeping with the development intent buildings that u�lize typical warehouse or metal building structures will be required to provide crea�ve approaches to the minor detailing and most importantly the por�ons of the building used for entry. In no case, will buildings that emulate residen�al styling be accepted. Specific objec�ves: 1. Maintain a human scale rather than a monolithic or monumental scale. 2. In non-heavy industrial areas, incorporate windows on the ground floors facing pedestrian paths of travel to improve pedestrian experience. 3. Organize massing to emphasize certain parts of the building such as entries, corners, and the organiza�on of showroom or office spaces. 4. Treat all facades of the building with equal architectural rigor, level of detail, and ar�cula�on. 5. Integrate varied roof lines through the use of sloping roofs, modulated building heights, step-backs, or innova�ve architectural solu�ons. 6. Situate buildings on site where possible so they are oriented to maximize dayligh�ng opportuni�es and harvest natural light within interior workspaces. Also, u�lize opportuni�es to provide operable clearstory windows to allow for ven�la�on and indirect ligh�ng. 7. Large industrial buildings with mul�ple tenants should provide mul�ple entries at mul�ple street frontages to improve site design flexibility and op�ons for building loca�on. 8. Provide a logical sequence of entry and arrival as part of the site’s design. Special entry treatments such as stamped or colored concrete and special plan�ng and signage can be used to enhance entries and guide pedestrians. 9. Entries should be designed according to simple harmonious propor�ons in rela�onship to the overall size and scale of the building. Ensure that pedestrian entries are properly sized to provide shelter year-round. 10. Ensure that main entrances and entry approach can accommodate persons of all mobility levels. 11. Vary and ar�culate the building façade to add scale and avoid large and monotonous walls. 12. Architectural elements such as por�coes, cornices and awnings should be compa�ble in scale with the building massing and should not be exaggerated or made to appear as a caricature of a historic architectural style. 13. Where building mass cannot be broken up due to the unique constraints, i.e. manufacturing or warehouse space, building walls should be ar�culated through the use of texture, color and material changes, shadow lines, and other façade treatments. 14. Architecturally integrate exposed industrial systems and design op�ons where prac�cal. Materials: The primary building material shall be metal siding using a variety of profiles accented by the use of wood, concrete, and limited amounts of stucco. The entry por�ons of buildings shall include the use of wood to provide a so�er look and feel to the occupants upon entering the buildings. The propor�on and scale of openings shall be though�ully expressed. The use of residen�al style materials such as clap board siding or similar will not be accepted. Specific objec�ves: 1. Select building materials, such as trim and finishes that convey a sense of permeance. 2. Apply changes in material purposefully and in a manner corresponding to varia�ons in building mass. 3. Avoid the use of highly reflec�ve building materials and finishes that direct glare onto nearby buildings. 4. The use of “residen�al” like building materials is to be avoided such as lap siding or similar materials typically found on residen�al homes 5. Roofing material should be of either metal or a membrane system General compliance and review: Prior to the purchase or lease of a lot or development area in the Master Site Plan, the purchaser/ lessor should understand that the quality of the architecture will be of primary considera�on by the Declarant. All buildings will conform to the City of Bozeman Planning & Building codes; however, the Declarant reserves the right to apply more stringent standards to both form, materials, and colors. Preliminary eleva�ons, materials, colors, and landscaping materials should be submited to the Declarant for review. A licensed architect will prepare all plans. Commencement of Work: The Owner or Occupant shall begin work within one (1) year of receipt of writen approval and diligently proceed toward comple�on of all approved excava�on, construc�on, refinishing and altera�ons. If work is not so commenced approval shall be deemed revoked unless the Declarants, pursuant to writen request made and received prior to the expira�on of said one year period, extends the period of �me within which work must be commenced. Comple�on Time: All construc�on on or in the Premises shall be diligently prosecuted to comple�on and shall, in any event, be completed within twelve (12) months of commencement unless specific writen extension is granted by the Declarants. No construc�on material shall, at any �me, be placed or stored so as to impede, obstruct or interfere with pedestrian or vehicular traffic and no construc�on materials shall be placed or stored on lots for a period of more than thirty (30) days following substan�al comple�on of construc�on as shall be determined by the Declarant. . Applica�on Process General Requirements: Not less than thirty (30) days prior to the an�cipated date of construc�on commencement, Applicant shall submit two (2) copies of the required documents for each design review to the Architectural Review Commitee. Submitals must be labeled with the owner or occupant’s name and the specific project �tle and address. Every effort shall be made to no�fy the owner within thirty (30) days a�er the start of the review if the design has been approved, approved with s�pula�ons, or disapproved. Applica�ons which are submited that are incomplete will be returned. The specific reasons for approval with s�pula�on and disapproval, will be clarified for the owner or occupant in wri�ng and/or with drawings. The Declarants shall specifically state the reason for any denial, along with the applicable design regula�on(s) and findings of fact suppor�ng its denial. If the Declarants do not contact the owner within thirty (30) days of the review commencement date, the applica�on shall be deemed “disapproved”. An applica�on for withdrawal may be made without prejudice, provided the request for withdrawal is made in wri�ng to the Declarant. All variance requests must be made in wri�ng to the Declarant. Any variance granted shall be considered unique and will not set any precedent for future decisions. If an applica�on has been denied, or the approval is subject to condi�ons that the owner or occupant feels are unacceptable, the owner or occupant may request a hearing before the Declarants to jus�fy his or her posi�ons. The Declarants will consider the arguments and facts presented by the owner or occupant and no�fy the owner or occupant of its final decisions within fourteen (14) days of the hearing. Authority to Approve: The Declarants shall have the authority to reject the materials, designs and colors submited with plans, or the plans themselves, if they are not compa�ble, or are inappropriate, with the rest of the Development. Variances: The Declarants shall have the authority to grant variances where, in their discre�on, they believe the same to be appropriate and necessary and where the same will not be injurious to the rest of the Development. Substan�al Compliance: All improvements, construc�on, reconstruc�on, altera�ons, remodeling or any ac�vity requiring the approval of the Declarants must be completed in substan�al compliance with the plans and specifica�ons ini�ally approved by the Declarants. Enforcement: The Declarants shall have the power, authority, standing and right to enforce these covenants in any court of law or equity when they reasonably believe the same have been violated and shall have the authority to revoke or suspend building approval and/or order the suspension or cessa�on of any construc�on or work in the viola�on of these covenants or of any approval issued by the Declarant. APPENDIX II ALLOWABLE USES The following changes have been made to the permited and condi�onal uses allowed by the City of Bozeman in their M-1 & M-2 zoning districts. All uses allowed within both M1 & M2 zoning districts are allowed with the following excep�ons. Uses not allowed: 1. Adult businesses 2. Animal shelter 3. Junk salvage or automobile reduc�on/salvage yards 4. Solid waste transfer sta�on 5. For M-2 uses that do not fall within the City of Bozeman Descrip�on, the declarant reserves the right to determine whether those uses falling in this category are appropriate for the development. See attached images for inspiration and clarification of design intent (also a draft.)