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HomeMy WebLinkAbout014.03 - Appendix F.3 - Declaration EXHIBITSEXHIBIT A LEGAL DESCRIPTION LAUREL MEADOWS SUBDIVISION PHASE 1 & 2 Being a portion of the Laurel Meadows Subdivision, Plat ________. Located in the Southeast One Quarter of the Northwest One Quarter and Southwest One Quarter of the Northeast One Quarter of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: Beginning at the Southwest corner of the Laurel Meadows Subdivision, Plat ________, and being the east right-of-way of Laurel Parkway, being the POINT OF BEGINNING; thence N0°36'20”W along said east right-of-way through the following courses for a distance of 277.38 to a point on a tangent curve to the right having a radius of 255.00 feet having a central angle of 18°37'04” an arc length of 82.86 feet having a chord bearing of N8°42'12”E and a chord distance of 82.50 feet; thence N18°00'44”E for a distance of 575.40 feet to a point on a tangent curve to the left having a radius of 345.00 feet having a central angle of 15°48'47” an arc length of 95.22 feet having a chord bearing of N10°06'21”E and a chord distance of 94.91 feet; thence N2°11'57”E and a distance of 254.12 feet to a point being the Southwest corner of Lot 1 of said Norton East Ranch Subdivision Phase 6 Plat J-694; thence leaving said east right-of-way S87°48'03”E along the south boundary of Lot 1 of the Norton East Ranch Subdivision Phase 6 for a distance of 120.00 feet and also being the southeast corner of said Lot 1; thence N0°28'39”W along the east line of said Lot 1 for a distance of 60.54 feet being the northeast corner of said lot 1 and having common boundaries being the northern boundary line of said Laurel Meadows Subdivision and the south boundary of The Lakes At Valley West Phase 6; thence N89°31'19”E along said north and south said boundary lines for a distance of 322.16 feet; thence along a non-tangent curve to the right having a radius of 170.00 feet having a central angle of 00°54’27” an arc length of 2.69 feet having a chord bearing of S70°16’34”E and a chord distance of 2.69 feet; thence S69°49’43”E for a distance of 216.10 feet; thence S22°40’20”W for a distance of 80.07 feet; thence N87°48’56”W for a distance of 206.06 feet; thence S02°11’57”W for a distance of 63.00 feet; thence S87°48’57”E for a distance of 7.49 feet; thence S02°11’06”W for a distance of 213.86 feet; thence along a tangent curve to the left having a radius of 250.00 feet having a central angle of 03°32’42” for an arc length of 15.47 feet having a chord bearing of S00°24’45”W for chord distance of 15.47 feet; thence S01°21’36”E for a distance of 160.25 feet; thence along a non-tangent curve to the left having a radius of 170.00 feet having a central angle of 05°48’27” for an arc length of 17.23 feet having a chord bearing of S88°26’24”E for a chord distance of 17.22 feet; thence N88°38’24”E for a distance of 113.10 feet; thence S00°46’46”E for a distance of 707.97 feet to the North right-of- way of West Babcock Street; thence S89°04’28”W along said right-of-way for a distance of 764.67 feet to the POINT OF BEGINNING. Said Phase 1 & 2 area being 18.18 acres more or less and is subject to all easements whether of record or apparent on the ground. on Phase 6 Plat J-694; Located in the Southeast One Quarter of the Northwest One Quarter and Southwest One Quarter of the Northeast One Quarter of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: EXHIBIT B CITY OF BOZEMAN REQUIRED COVENANTS 1. City Required Covenants. The covenants contained in this Exhibit B are included as a condition of preliminary and final plat approval and are required by the City of Bozeman. The covenants contained in this Exhibit may not be amended or revoked without the approval of the governing body of the City of Bozeman. 2. Dissolution of Association. The Association may not be dissolved without the approval of the City of Bozeman. 3. Property Boundaries. The boundaries of the Property may not be altered without approval of the City of Bozeman. 4. Remedy of City for Failure to Maintain. The Association shall maintain the Open Spaces in reasonable order and condition in accordance with the Park and Open Space Maintenance Plan (attached as Exhibit C to the Declaration) approved by the City of Bozeman. If the Association fails to maintain the Open Spaces in accord with the approved plan, the City of Bozeman may cause written notice to be served upon the Association. The written notice must set forth the manner in which the Open Spaces have failed to be maintained in a reasonable condition. In addition, the notice must include the demand that the deficiencies noted be cured within thirty (30) days thereafter and must state the date and place of a public meeting to be held within fourteen (14) days of the notice. At the time of the public meeting, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modification(s) are not cured within the time set, the City may enter upon such Open Spaces and maintain the same for a period of one (1) year, in order to preserve the taxable values of the properties within the development and to prevent the Open Spaces from becoming a public nuisance. Such entry and maintenance must not vest in the public any right to use the Open Spaces not dedicated to public use. Before the one (1) year period expires, the City Commission must, upon its own initiative or upon written request of the Association, call a public meeting and give notice of such meeting to the Association. At the meeting, the Association and/or residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City must cease such maintenance at the time established by the City Commission. Otherwise, the City must continue maintenance for a next succeeding year subject to a similar meeting and determination at the end of each year thereafter. A. The cost of maintenance by the City shall be a lien against the common facilities of the development and the Units within the development. The City Commission has the right to make assessments against Units in the development on the same basis that the Association could make such assessments. Any unpaid assessments shall be a lien against the Units, enforceable the same as a mortgage against such Units. The City may further foreclose its lien on the common facilities by certifying the same for the county treasurer for collection as in the case of collection of general property taxes. B. Should the Association request that the City assume permanent responsibility for maintenance of the common facilities, all common facilities must be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to the bring the common facilities to City standards must be the responsibility of the Association. The City may create special financing mechanisms so that those Units within the area affected by the Association continue to bear the costs of such maintenance. C. The City must assume permanent responsibility for maintenance of public area and facilities when a dedicated funding mechanism is adopted. 5. Park and Open Space Maintenance Plan. The Park and Open Space Maintenance Plan required by the City of Bozeman is set forth in more detail in Exhibit C. 6. Storm Water Management System Operation & Maintenance Manual. The Storm Water Management System Operation & Maintenance Manual is set forth in Exhibit D. Maintenance of the Stormwater Facilities must be provided by the Association, with the exception of storm sewer mains, inlets, or manholes located in streets dedicated to the City of Bozeman for public use, and such items will be maintained by the City, until the City establishes a stormwater maintenance district or other dedicated funding source and affirmatively accepts responsibility for maintenance. 7. Construction in Open Spaces. Open Space shown in the approved final plan or in the approved plat application must not be used for the construction of any structures not shown on the final plan. 8. Agricultural Uses. Unit Owners and residents within the Property are informed that adjacent uses may be agricultural. Unit Owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays, and the use of machinery early in the morning and sometimes late into the evening. All fences installed by the Declarant or Association that border agricultural lands must be maintained by the Association. 9. Control of Noxious Weeds. The control of noxious weeds by the Association on those areas for which the Association is responsible (rights-of-ways, easements, Open Spaces, other Common Areas) and the control of noxious weeds by individual owners on their respective lots shall be as set forth and specified under the Montana Noxious Weed Control Act (§ 7-22-2101 through § 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The control of noxious weeds is the responsibility of the property owner whether the lot is improved or unimproved, and shall be as set forth and specified under the Montana Noxious Weed Control Act (§ 7-22-2101 through § 7-22-2153, as amended) and the rules, regulations, and management plans of the Gallatin County Weed Control District. The property owner shall be responsible for the control of state and county-declared noxious weeds on his/her/its lot, and the subdivision road right-of-way and/or road easements adjoining the property. In the event the property owner does not control the noxious weeds, after ten (10) days’ notice from the Association, the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the lot and such assessments may become a lien if not paid within thirty (30) days of the mailing of such assessment. Nothing herein shall require or obligate the Gallatin County Weed District to undertake any management or enforcement on behalf of the Association or property owners that is not otherwise required by law, or the rules, regulations, and management plan of the Gallatin County Weed District. EXHIBIT C PARK AND OPEN SPACE MAINTENANCE PLAN A. Responsible Party. (1) City Parks. The City Parks are owned by the City and dedicated to the public for public use. With the creation of the City-Wide Park Maintenance District, the City of Bozeman maintains responsibility for all maintenance of recreation and other facilities within dedicated parks. Although the City Parks are required to be dedicated to the City of Bozeman at the time of final plat, the City of Bozeman Parks and Recreation Department does not assume maintenance responsibility for the City Parks and improvements thereon until the following have been completed after final plat: (i) the constructed City Parks meet the requirements of BMU 38.420.080 and the approved park master plan; (ii) all conditions of approval for the Laurel Meadows Subdivision or park master plan are completed; and (iii) written acknowledgment of final acceptance has been provided by the City of Bozeman. Until such time as the City of Bozeman accepts maintenance responsibility for the City Parks, the City Parks shall be maintained by the Association as set forth in the Park and Open Space Maintenance Plan, including without limitation the pathways, open space, and parkland in the City Parks. At such time, the City of Bozeman Parks Department will take over maintenance of the City Parks. (2) Open Spaces or Common Open Spaces. The Association shall be responsible for liability insurance, local taxes, and maintenance of recreation and other facilities in the Open Spaces, including without limitation common properties, paths and trails, facilities, centers, and adjacent sidewalks and/or landscaping in street boulevards. The assessments levied by the Board for the maintenance, upkeep, repair, and operation of Open Spaces like all other assessments, shall become a lien on each Unit within the Laurel Meadows Subdivision. The Board may, in its discretion, adjust the assessments to meet the changing needs of the community and the areas serving the community. B. Required Maintenance. Maintenance includes, without limitation, the following: (1) Landscape Person. The Association shall enter into an annual contract with a certified landscape person for upkeep and maintenance. (2) Wetland Maintenance. The Laurel Meadows Subdivision constructed wetland is intended to be a natural area that does not require routine maintenance. The following maintenance items have been identified: (i) Monitor and control noxious weeds annually; (ii) If casual use trails become established, provide signing to discourage this use; (iii) Clean up trash on an annual basis; (iv) If annual monitoring indicates a lack of diversity of plant species consideration can be given to encouraging other species to propagate. (3) Trees and Shrubs. A contractor will be hired to perform park maintenance. Maintenance duties to be performed will consist of spring and fall clean up, routine mowing, lawn patching, care, and replacement of dead trees and/or shrubs. All tree trimming and pruning must be performed by a certified arborist as outlined in City Ordinance 12.30.040 in coordination with Forestry Division. All trees on public property are subject to City of Bozeman permits and ordinances. (4) Trails. Natural fines trails will not be plowed. These trails will be inspected regularly and receive routine patching and surface maintenance to prevent erosion or unsafe conditions. Weeds on the trails will be controlled following City of Bozeman standards, set by the City Parks Division, and using industry standards or as part of the weed control plan described in this Park and Open Space Maintenance Plan. (5) Turf Care. Native grass areas should be mowed 3-4 times per year dependent on rainfall levels The first mowing should occur at the end of May, and the second time should take place around mid-July, with the final mowing in Mid-October. Kentucky bluegrass areas should be maintained between 2”-4 1/2” and should receive approximately 12” water between June 1st and late September. This translates to about 1” water per week for lawn areas. Mowing will not be done during extremely wet periods or when sub-grade is saturated or with standing water. Established lawns can receive a deep, but less frequent watering to conserve and not over water. (6) Noxious Weed Control. A weed control program will be developed that conforms to the requirements of the City of Bozeman, Gallatin County Weed Control Board Supervisor and NRCS. This program will consist of an annual visit in June to spot spray where necessary, including trails and sidewalks. Weeds will be sprayed by a licensed contractor, according to industry and local standards, on a regular basis, using appropriate applications and products. The utmost care will be taken to protect water sources, park users and adjacent property owners. The City of Bozeman shall be notified of all applications of pesticides and/or herbicide on public lands. Signs shall be posted prior to application in appropriate and noticeable locations identifying the product applied and the date applied. Signs will remain in place for a minimum of two days after treatment. Records shall be maintained in accordance with State of Montana Pesticide Act, Administrative Rule 4.10.207 and copies submitted to the City of Bozeman Parks Division. (7) Fertilization. Fertilization should be minimized to prevent un- necessarily high amounts of nutrients running off into streams and wetlands on and off the site. No fertilizer should be applied within 50ft of streams or wetlands to further minimize the potential for contamination through run-off. Trees and shrubs inside the 50ft buffer should be monitored and if fertilization is necessary, capsule fertilizer should be used. Lawns should be fertilized once in spring with a 24-4-24 blend after the last frost and with a 21-3- 21 in mid to late summer. It is recommended that slow-release fertilizer be used to prevent excessive shoot growth and to provide turf nutrition over an extended period of time. Lawns should be fertilized according to manufacturer standards. Annual soil test should be performed to check nutrient levels and determine whether changes are necessary. Outside the 50ft buffer, shade trees should be fertilized in April with a 16-10-9 blend plus iron and zinc. Other trees should be fertilized with food spikes, but no fertilization of woody vegetation should occur past mid-July. Trees under one year old should not be fertilized. Evergreens should be pruned as necessary in June and shade tree pruning should be done in April, except for birches and maples. Birches and maples should be pruned in mid-July to prevent bleeding. All trees should be continually monitored for pests and diseases throughout the growing season. Woody vegetation should be deep watered right before the ground freezes. (8) Snow and Leaf Removal. Snow removal will be provided within the park by a snow removal service retained by the Association. Sidewalks must be cleared within 24 hours after the end of a snowfall event per Bozeman Ordinance 1529. The Association will be responsible for clearing snow on sidewalks, on walks adjacent to Parks and Open Spaces and the South 19th boulevard; no snow removal will be performed on the natural fines trails. Leaf removal will be provided most likely by a landscape contractor or handyman service, as retained by the Association. (9) Irrigation System. The irrigation system should be charged in April, after the ground thaws and plants start growing. The manual drain valves should be turned to the closed position and well pump power switch turned on. The controller should be programmed for the anticipated water requirements for the current month. All heads should be checked for breakage and proper coverage and check monthly for necessary adjustments. Drip emitters should be periodically checked, and the entire system should be regularly monitored for line breaks, head breakage, and vandalism. Head replacement should be done with the same brand to ensure efficient coverage for the system working pressure and dispersal at an equal precipitation rate. The height of heads should be checked to avoid damage from mowers or maintenance equipment. Winterization should take place during the last week of October. Power to the well pump should be shut off and all manual drain valves opened. To flush out the lines, a high- power air pump shall be connected to the quick coupler valves and air should be run through the system. Each valve zone should be opened and closed until all water is completely flushed out, then the controller should be turned off and water left off until spring. Any necessary watering during the winter months should be done with a tank to prevent damage to the irrigation system. (10) Animal Control. Pets should be leashed at all times while in the parks and open space and residents must clean up after their pets. If rodents become a problem with regards to damaging plant material or posing a health risk to residents or pots, rodent control should be utilized. However, no poison is permitted on within open space areas. Refuse. Refuse within the open spaces will be collected weekly by a service retained by the Association or the party responsible for maintenance. EXHIBIT D STORM WATER MANAGEMENT SYSTEM OPERATION & MAINTENANCE PLAN Storm Water Management System Operation & Maintenance Manual Laurel Meadows Subdivision Bozeman, Montana Prepared For: 8FC, LLC Prepared By: 2880 Technology Blvd. W. • PO Box 1113 • Bozeman, MT 59771 (406) 587-0721 • www.m-m.net Updated December 3, 2025 Laurel Meadows Subdivision Storm Water Operation & Maintenance Manual 1 Site Data Location: Laurel Meadows Subdivision Lot R1A through R1D of the Norton East Ranch Subdivision Phase 6, located in the NE 1/2 of Section 9, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana Approximate WGS84 Reference Latitude: 45° 40' 51" N Approximate WGS84 Reference Longitude: 111° 6' 45” W The Project lies in the south east corner of the property and encompasses about 40 acres. Ownership of Stormwater Facilities: Stormwater facilities within the public rights-of-way are to be owned by the City of Bozeman. Stormwater facilities outside of the public rights-of-ways are to be owned by the Laurel Meadows Home Owners Association. Responsible Party for Maintenance: For those storm water management system elements outside of dedicated public rights-of-way, the HOA, Laurel Meadows Home Owners Association shall designate a qualified professional entity or individual to perform all monitoring. The name, address and telephone number of the entity or individual shall be provided to the City of Bozeman Public Works Department. The owner's representative shall be required to keep a log of all required inspections and maintenance required. The log shall be made available to the City of Bozeman Public Works Department for review as requested. With respect to the existing Ponds 4 and 6, which were constructed as part of and serve the initial phases of Norton East Ranch Subdivision, they are to be maintained by the Norton East Ranch Homeowners Association. These ponds are located in Block 2, Open Space Lot 1. Land Use & Site Area: The proposed Laurel Meadows Subdivision project is located in Bozeman, Gallatin County, Montana. Generally, the property is bordered by Vaughn Drive to the north, the Valley West subdivision to the east, West Babcock Street to the south, and Laurel Parkway to the west. Laurel Meadows subdivision is proposed to include single family and multifamily residential uses. Laurel Meadows Subdivision Storm Water Operation & Maintenance Manual 2 Storm Water Management Systems: The proposed Laurel Meadows subdivision development is to include a system of storm drainage inlets, piping, and a wet detention pond system including. The project area is divided into two distinct major, post-development drainage basins including drainage from the street rights-of-way, residential lots, open spaces and a portion of Laurel Parkway. Inspection & Maintenance Storm water facilities and permanent Best Management Practices (BMPs) must be inspected in accordance with this document. All documentation on scheduled inspections, times of inspections, maintenance completed, remedial actions taken to make repairs, and any modifications or reconstruction of the storm system shall be maintained on-site. Disposal of the accumulated sediment must be in accordance with all applicable local, state, and federal guidelines and regulations. If any drainage structure or outfall indicates the presence of petroleum, the petroleum material shall be removed and disposed of immediately in accordance with applicable regulations. Pavement Sweeping & Vacuuming: All paved areas shall be swept twice a year, scheduled in spring and fall. Inlets & Catch Basins All inlets and catch basins shall be inspected to ensure they have adequate sump capacity, hoods are in place, frames and grates are not damaged, and internal concrete and grout is intact. ❑ Inspect catch basins four times per year and following large storm events. ❑ Clean sump annually or whenever basin sump becomes filled with sediment to half its depth (0’-4 1/2”). If inspection indicates the presence of petroleum, the petroleum material shall be removed and disposed of immediately in accordance with applicable regulations. Storm Drain Manholes & Overflow Control Structures All storm drain manholes and overflow control structures shall be inspected to ensure manhole frames and covers are not damaged, inlet and outlet pipes are draining freely, and internal manhole concrete and grout is intact. ❑ Inspect structures annually and following large storm events. Laurel Meadows Subdivision Storm Water Operation & Maintenance Manual 3 ❑ Clean structures as field determined. If inspection indicates the presence of petroleum, the petroleum material shall be removed and disposed of immediately in accordance with applicable regulations. Piping All storm drain piping shall be inspected for any damage and/or blockages. ❑ Inspect piping annually and following large storm events. ❑ Length of pipes should be cleaned and flushed as field determined. Wet Detention System: Maintenance of the forebay basins is also essential. General objectives of maintenance are to prevent clogging, standing water and the growth of weeds and wetland plants. This requires frequent unclogging of the outlets, inlets, and mowing. Cleaning out sediment with earth-moving equipment may also be necessary in 10 to 20 years. ❑ Inspect surface every three (3) months and following large storm events. ❑ Remove any accumulated trash. ❑ Sediment removal is to be provided as required. More frequent sediment removal via hand tools may reduce or eliminate the need for earth-moving equipment for sediment removal at a later date. If inspection indicates the presence of petroleum, the petroleum material shall be removed and disposed of immediately in accordance with applicable regulations. Life Cycle & Cost Estimates *Assumed Inflation Rate = 4% Maintenance Storm Feature Maintenance Task Frequency Estimated Cost (Present Value, 2025) Pond Sediment/Debris Removal Annually/ Post Large Storm $2,000 Outlet Structure Sediment/Debris Removal Annually/ Post Large Storm $2,000 Replacement Storm Feature Expected Lifespan (Years) Estimated Cost (Present Value, 2025) Estimated Cost (Future Value at First Replacement*) Pond 20 $25,000 $54,778 Outlet Structure 25 $6,000 $15,995 Laurel Meadows Subdivision Storm Water Operation & Maintenance Manual 4 Housekeeping Operations Good housekeeping and material management reduces the risk of spills or other accidental exposure of materials and substances to storm water runoff. ❑ All materials stored on-site must be stored in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. ❑ Products shall be kept in their original containers with the original manufacturer’s label. ❑ Substances should not be mixed with one another unless recommended by the manufacturer. ❑ Whenever possible, all of a product will be used up before disposing of a container. ❑ Original materials labels and material safety data sheets (MSDS) shall be kept by the Owner. ❑ Petroleum products: ▪ All on-site vehicles and parking areas shall be monitored weekly for leaks and spills. Spills shall be cleaned immediately. ▪ Petroleum products shall be stored under cover and shall be in tightly sealed containers that are clearly labeled. ❑ Fertilizers: ▪ Fertilizers shall only be used in the minimum amounts as recommended by the manufacturer. ▪ The contents of any unused fertilizer shall be transferred to a clearly labeled, sealable plastic bin to avoid spillage. ❑ Paints solvents. ▪ All paints and solvents shall be stored in original manufacturer’s containers in a covered location. ▪ The use of paints and solvents shall, whenever possible, be limited to service or storage bays. Where not possible, the work area shall be protected with impermeable drop clothes or tarps. At no point shall material be used in parking or access ways that are tributaries to the drainage system. Spill Control Practices ❑ Manufacturer's recommended methods shall be clearly posted for spill clean-up and hotel personnel shall be made aware of the procedures and the locations of cleanup information and supplies. ❑ Material and equipment necessary for spill clean-up will be kept on-site in a designated material storage area. Equipment will include, but not be limited to, brooms, dust pans, mops, rags, gloves, goggles, absorbent materials, sand, sawdust, and plastic & metal trash containers specifically kept and labeled for this purpose. ❑ All spills must be cleaned-up immediately after discovery. ❑ Spills of toxic or hazardous material must be reported to the appropriate state, local, or federal agency, as required by-law. Laurel Meadows Subdivision Storm Water Operation & Maintenance Manual 5 Winter Maintenance Activities ❑ Snow plowing operations shall stockpile snow, ice and accumulated materials in areas where snow melt will flow into the on-site drainage systems, including drainage basins. ❑ During winter conditions sand use site-wide shall be applied to the minimum extent possible to maintain safe conditions and limit accumulations within the storm water management systems. ❑ The usage of sodium chloride or chloride containing materials for snow and ice removal is not recommended so as to avoid the introduction of salts to the storm water management system. Emergency Contacts PLEASE CALL 9-1-1 FOR ALL POTENTIAL EMERGENCIES City of Bozeman Fire Department: (406) 582-2350 City of Bozeman Police Department: (406) 582-2000 Chapter 6 - Storm Drainage Design 6-42 City of Bozeman Design and Construction Standards The following acknowledgment form is provided as an example. _____________________________________________________________________________________ Acknowledgement of Stormwater Facilities Maintenance Requirements PROPERTY OWNER: NAME OF PLAN/DEVELOPMENT: LOT/BLOCK/SUBDIVISION: Property Owner hereby acknowledges that they are required to maintain all stormwater facilities on the Property pursuant to Bozeman Municipal Code sec. 40.04.720. This requirement is binding on any successor or assign of the Property Owner listed above. The City requires stormwater facilities be constructed and adequately maintained on the Property in order to maintain the health, safety and welfare of City residents. Adequate maintenance is defined as keeping the stormwater facilities and all components thereof in good working condition so that these stormwater facilities continue to perform in accordance with the design intent. Should the Property Owner fail to adequately maintain stormwater facilities, the City may enter upon the Property and take such steps as are necessary to correct deficiencies. The City may assess against the Property Owner for the cost of any repairs or necessary maintenance by any means provided for in the Bozeman Municipal Code. By signing below Property Owner acknowledges they have read this document and the applicable provisions of the Bozeman Municipal Code, and they agree to the maintenance requirements for all stormwater facilities on their Property. BY:______________________________ (Property Owner) DATE:___________________________ EXHIBIT E LAUREL MEADOWS WETLAND MITIGATION REPORT Not included as an exhibit to the Declaration. A copy of this report is on file with the Bozeman Planning Department and Morrison-Maierle.