tf::t original - big sky town center · simkins' holdings, llc's town center development...

tf::t ORIGINAL RESOLUTIONS OF THE MANAGERS OF SIMKINS HOLDINGS, LLC.

The undersigned, being all the Managers of Simkins Holdings, LLC, ("Simkins") a Montana limited liability company, hereby adopt the following resolutions:

BE IT RESOLVED that the Covenants applicable to Simkins' Town Center development located in Portions of Sections 1 and 2, Township 7 South, Range 3 East, Gallatin County, Montana, and a portion of Section 36, Township 6 South, Range 3 East, (as set forth on Exhibit A) are amended to read as set forth in the "Amended and Restated Big Sky Town Center Declaration of Covenants, Conditions and Restriction," dated October 1, 2004, a copy of which is attached hereto as Exhibit B;

BE IT FURTHER RESOLVED, that having received approval from the Gallatin County Commissioners to amend the covenants, that the manager(s) of the Limited Liability Company are authorized to record the Amended Covenants attached as Exhibit B with the Gallatin County Clerk and Recorder and in light of the fact that the Covenants have been recently recorded, the act of recording is hereby ratified and affirmed;

BE IT FURTHER RESOLVED, that the previously filed and recorded Covenants applicable to the Town Center Development (both the Master and Supplemental Covenants) are hereby w,ithdrawn and terminated and replaced with the Amended and Restated Covenants, as attached as Exhibit B,

BE IT FURTHER RESOLVED, that the Big Sky Town Center Design Standards and Guidelines, attached hereto as Exhibit C, are hereby adopted by Simkins govern the design standards and permitting procedure for the Big Sky Town Center Development;

BE IT FURTHER RESOLVED, that the Big Sky Town Center Master Signage Plan, attached hereto as Exhibit D, is hereby adopted by Simkins to govern the design standards and permitting requirements for all project and building signs in the Big Sky Town Center Development;

BE IT FURTHER RESOLVED, that the Big Sky Town Center Parking Regulation, Management Plan and Ordinance, attached hereto as Exhibit E, is hereby adopted by Simkins to govern the parking regulation and parking management within the Big Sky Town Center development;

BE IT FURTHER RESOLVED, that to the extent that the directors and officers have executed these documents prior to the formal adoption of this Resolution, that such acts of the Manager(s) is/are hereby ratified and affirmed.

The undersigned waive any notice to which they may be entitled with respect to the matters addressed herein and sign this resolution in lieu of a meeting.

1

i.JI Dated this/& -aay of October, 2004.

SIMKINS HOLDINGS, LLC.

By:_-,L_2.__.():'---i\_L~g_ ___ _ Thomas Simkins, Manager

STATE OF MONTANA )

COUNTY OF GALLATIN )

j Qf" This instrument was acknowledged before me on October La; 2004 by William G. Simkins, as Manager .of Simkins Holdings, LLC.

(SEAL)

STATE OF MONTANA )


Signature

'brp n dtL L . Ca.x r ~ey Printed N arne Notary Public for the State of Montana Residing at B&t-}1 {I._ de 7 )/[_T My Commission Expires: WcL!t c/1 B/ lD08

I

This instrument was acknowledged before me on October ~~~2004, by Thomas Simkins,

as Manager of Simkins Holdings, LLC. ~~. /.t;,_ ;t:. ~ Signature ·

(SEAL)

16r-enrlR L. &r rU_y-Printed Name Notary Public for the State of Montana Residing at ~{LJ_p Mr My Commission Expires: mMcJ, ~j, zooY

2

STATE OF MONTANA )


This instrument was acknowledged before me on October l£.2004, by John Simkins, as Manager of Simkins Holdings, LLC. 0) ~ /} ,

c.f)J..R.Jil flJ: _r U£ ~

Printed Name (SEAL) Notary Public for the State of Montana

Residing at i!:u..Qc/? cut._, Jl;!_T My Commission Expires: 1}1 OA c b 3/. WO 8'

I

3

TOWN CENTER OWNERS ASSOCIATION BOARD OF DIRECTORS POLICY RESOLUTION

POLICY: Collection of Assessments Date of Board Adoption: /9 January 2005 Policy No.:___...__ _______ _

Effective Date: __ /~.-9L--- January 2005 Date( s) Revised: -<?

Oc t-ow l { w .. :>r>

RESOLUTION

Whereas,

Whereas,

Whereas,

Whereas,

Whereas,

The Town Center Owners Association, Inc. (TCOA) is filed with the Montana Secretary of State as a public benefit, nonprofit Montana corporation; and

The TCOA. Bylaws give its Board of Directors the authority to levy assessments on its Members;

Those same Bylaws give the Board the authority to impose interest charges and penalties on amounts that are overdue; and

Those same Bylaws require that certain steps be taken in the collection of unpaid assessments; and

It is in the best interests of the Association to collect its assessments in a timely manner;

Now, Therefore Be It Resolved That:

1. Assessments are due biannually on October 1, and April 1, of each year. Bills will be mailed at least thirty (30) days prior to those due dates.

2. If not received within thirty (30) days after the due dates above, assessments become delinquent. Delinquent Members will be notified of their status, and will be assessed a Ten Dollar ($10.00) penalty, and will begin to accrue interest at the rate of one percent (1 %) per month. Upon becoming delinquent Members, Members lose all membership rights in TCOA.

PAGE 1 OF 2

JUNE, 2005 RESOLUTIONS OF THE DIRECTORS OF THE TOWN CENTER OWNERS' ASSOCIATION

The undersigned, being the Directors and Officers of the Town Center Owners' Association (TCOA) a Montana non-profit corporation, hereby adopt the following resolutions:

BE IT RESOLVED that the Covenants applicable to Simkins' Holdings, LLC's Town Center development located in Portions of Sections 1 and 2, Township 7 South, Range 3 East, Gallatin County, Montana, and a portion of Section 36, Township 6 South, Range 3 East, (as set forth on Exhibit A) are amended to read as set forth in the "Amended and Restated Big Sky Town Center Declaration of Covenants, Conditions and Restriction," datedJ(JWC'" ltf, 2005, a copy of which is attached hereto as Exhibit A;

BE IT FURTHER RESOLVED, that thp-previously filed and recorded Covenants applicable to the Town Center Development are hereby withdrawn and terminated and replaced with the Amended and Restated Covenants, as attached as Exhibit A;,

BE IT FURTHER RESOLVED, that the following parcels of real property, located in the "Plat of Big Sky Town Center Subdivision, Phase 1, located in the NWJ/4 of Section 1, T7S, R3E, and in the SWJ/4 of Section 36, T6S, R3E, P.M.M., Gallatin County, Montana," according to the official plat L:[::- · 3.3-k ] thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, shall be transferred, granted and quit-claimed to Westland Enterprises, Inc., in accordance with an Amended Subdivision Plat (effecting the following real property) to be filed and recorded with the Gallatin County Clerk and Recorder:

(1) Road Tract 5 ("FLATS DRIVE ROAD'?;

(2) Road Tract 6 ("JUNIPER DRIVE'?;

(2) Road Tracts 11, JJA and JIB ("SIMKINS STREET'?;

(3) Road Tracts 12 and 12A ("TAYLOR STREET'?;

(4) Road Tract 7 ("SAGE DRIVE'?; and

(5) Block 9 ("TOWN SQUARE'?

of the "Plat of Big Sky Town Center Subdivision, Phase 1, located in the NWJ/4 of Section 1, T7S, R3E, and in the SWJ/4 of Section 36, T6S, R3E, P.M.M., Gallatin County, Montana," according to the official plat [ 3 "' 33 ~ ] thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana;

1

AUGUST, 2007 RESOLUTION OF THE DIRECTORS OF THE TOWN CENTER OWNERS' ASSOCIATION, INC., ADOPTING AMENDED CC&RS

The undersigned, being the Directors and Officers of the Town Center Owners' Association, Inc., (TCOA), a Montana non-profit corporation, having duly met on August 14. 2007, following proper notice of the same, and having considered and discussed proposed amendments to the Covenants, Conditions and Restrictions (CCRs). hereby adopt the following resolution:

BE IT RESOLVED that the Covenants, Conditions and Restrictions, applicable to Simkins' Holdings, LLC's Town Center development located in Portions of Sections 1 and 2, Township 7 South, Range 3 East, Gallatin County, Montana, and a portion of Section 36, Township 6 South, Range 3 East, are amended to read as set forth in the "August, 2007 Amended and Restated Big Sky Town Center Declaration of Covenants, Conditions and Restrictions," dated August 15, 2007, a true and accurate copy of which is attached hereto as Exhibit A;

BE IT FURTHER RESOLVED, that the previously filed and recorded Covenants, Conditions and Restrictions applicable to the Town Center Development are hereby withdrawn and terminated and replaced with the Amended and Restated Covenants, Conditions and Restrictions, as attached as Exhibit A;

BE IT FURTHER RESOLVED, that to the extent that the Director(s) have executed these documents prior to the formal adoption of this Resolution, that such acts of the Directors is/are hereby ratified and affirmed .

., .t1 Dated thisJOctay of August, 2007.

TOWN CENTER OWNERS' ASSOCIATION. INC ___ _____.,_ /

By: ___ ._,_} _.c..._f;"--~----'=~·-.Thomas Simkins, Director

J 1£ () l By:_~~S/-:Jid../i"""'~=-·-=,.,~b'-"=-'-""'~A"""'0J...,~r~C\-__ William Simkins, Dirfct~r

By: __ l'---l~~I.A.-.!OL.!VV'"-'-----t~L_____--f---+/~. •'LJM'-"-'-"'---==·· __

', Jo n Simkins, Direcf'r

STATE OF MONT ANA )

COUNTY OF GALLA TIN )

This instrument was acknowledged before me on August X\ 2007 by William G. Simkins, as Director of Town Center Owners' Association, Inc.

(·~ ,' "-----' . (.·' -vj.<l j'j ui!J·- 1) • . b .LLA . .J~ ..___ __ _

Signature / -.-, , I { ' . • b~1U (, 1.--- • Li.U'(IC.,_. Printed Name

(SEAL) Notary Public for the State of Montana Residing at fL?lL;; 'lAc(.: vi. ( I My Commission Expires: /2ttcl c/; 3J. ,}·_;(\)'

STATE OF MONTANA )


This instrument was acknowledged before me on August JD, 2007, by Thomas Simkins, as Director, of Town Center Owners' Associa:p, In_ c. j. ) ~.--/ (1. _ _ ._

-W~.Li LL~ ·z:'L ' ( [( . ( c (_.(_'. L . C7

SJ.Wlature . ~Pttil{L L. C'ti ii''(U.


--~ ) ;i -

Residing at I /JL ' . /) (_ - I .. vi l I My Commission xpires: A!/L~t/; --~>:: ?c:_;c'r

STATE OF MONTANA )


This instrument was acknowledged before me on August 3-\ 2007, by John Simkins. as Director, of Town Center Owners' Association,~- . "' () .

/t2!J.d'LcL:~ :'£· _[UvL-cZ-J S~ature

1 . ~ 1

l-:5( f 11 dJ_ L ' ( ' ((_( ( I i~J-:~ ---Printed Name

(SEAL) Notary Public for the State of Montana Residing at 8-< (£-. lt(cL.: .l/ 7 My CommissionE'S-pires: .Ac'r---.·< { J_;;"'i, &:_: cF

2

,qU/rlJS[ 3Q , 2007 RESOLUTIONS OF THE DIRECTORS OF THE TOWN CENTER OWNERS' ASSOCIATION, INC., ADOPTING AMENDED MASTER

SIGNAGE PLAN AND REVISED PARKING REGULATION MANAGEMENT PLAN ORDINANCE

The undersigned, being the Directors and Officers of the Town Center Owners' Association, Inc. (TCOA), a Montana non-profit corporation, having duly met on _______ , 2007, and considered proposed amendments to the Big Sky Town Center Master Signage and the Big Sky Town Center Parking Regulation, Management Plan Ordinance, and having determined that it is in the best interests of the Association to amend the Master Signage and Parking Regulations, hereby adopt the following resolutions:

BE IT RESOLVED that the October 20,2005, Amended Master Signage Plan applicable to the Town Center Development, located in Portions of Sections 1 and 2, Township 7 South, Range 3 East, Gallatin County, Montana, and a portion of Section 36, Township 6 South, Range 3 E ("Exhibit A") and the 2006 Revised Big Sky Town Center Parking Regulation, Management Plan Ordinance, ("Exhibit B") are h~reby adopted and shall apply to the Big Sky Town Center; and

BE IT FURTHER RESOLVED, that all prior Signage Plans and Parking Regulations applicable to the Big Sky Town Center are hereby withdrawn and terminated and replaced with and superceded by the Amended Master Signage Plan and Revised Big Sky Town Center Parking Regulation, Management Plan Ordinance;

BE IT FURTHER RESOLVED, that to the extent that the Director(s) have executed these documents prior to the formal adoption of this Resolution, that such acts of the Directors is/are hereby ratified and affirmed.

The undersigned waive any notice to which they may be entitled with respect to the matters addressed herein and sign this resolution in lieu of a meeting.

Dated this ie~ay of ,!J u&US.[ '2007.

TOWN CENTER OWNERS' ASSOCIATION, INC. _ _.

By: - .~ l V'\/1/L-·'\...__ Thomas Simkins, Director

I By: ___ l ~.

William Simkins, .

By: ~ ~ ~ lb!J~ (john Simkins, D)rector

~~

STATE OF MONT ANA )

COUNTY OF GALLA TIN ) .·,

I I f. .2(" This instrument was acknowledged before me on __Liuqu :J- .J ._ 1 , 2007, by

William G. Simkins, as Director of Town Center Owners' Association, Inc.

7 t ' fr, ! ~- _.· /I. . -<:;, // u e- , d.:.ic ~ . Clc l. c c1 t

. - ' ./

~~gnature f;

J:)r·c:..nd <- l . l LL' r · tf Printed Name

(SEAL) Notary Public for the State of Montana --~~ i /· .1' --

Residing at b _; .. l.( 1c., c -\-.,· .. ll 1

My Commission E~pires:__iu ... £f ;i .3~ / Ct"J STATE OF MONTANA )

COUNTY OF GALLA TIN ) /•

This instrument was acknowledged before me on L {.u-~;;ii.J·.f .3-2"' , 2007, by Thomas Simkins, as Director of Town Center Owners' Associatim{Inc.

(SEAL)

STATE OF MONT ANA )


'~L?I {It L ''!{./ (tieL~-~·.{>( ~;;:~r;L-~ L. ·(t~r ,r,£r

Printed Name Notary Public for the State pfMontana Residing at T).Gk~;/if<' ,.L:·. /{; iMy Commission E_;pires: v£fti> 1 t.;; 3<

/.

This instrument was acknowledged before me on / / '- c u. 1-- I ~.)(' , 2007, by John Simkins, as Director of Town Center Owners' Association, IKe.

i -/ ·~· -_/ ;'~ -- Y) . ~~~ . -% - . / .. -~~( t /-,· (- __ ........ --;' . '--t: L. L ~ (_ ~.-· I

Signature L /i 'T) I . D 1 ·c Fl t/_t- .__ '·. L-U 1 r t ' ·

Printed Name (SEAL) Notary Public for t,he State of Montana

Residing at B t" _ C:; 1 u a~ , " ~:· 1 1 My Commission Expires:_.,......' /.t<--11 h . 3/ ZtC/

2

SEPTEMBER 2007 RESOLUTION OF THE DIRECTORS OF THE TOWN CENTER OWNERS' ASSOCIATION, INC., ADOPTING SPECIAL ASSESSMENT FOR

COMMON MULTI-FAMILY OPEN SPACE NORTH AND OPEN SPACE SOUTH

The undersigned, being the Directors and Officers of the Town Center Owners' Association, Inc., (TCOA), a Montana non-profit corporation, having duly met on ~)C/1~ft{XJL 7 Uru7 , 2007, following proper notice of the same, and having considered and discussed the proposal to adopt and impose a annual special assessment on the Owners of certain property particularly benefited by the Town Center Multi-Family Open Space Parks to help defray the costs of improvements to those parks and maintenance of the same, and having detennined it is in the best interests of the Association to impose a special, annual assessment for such parks, hereby adopt the following resolution:

BE IT RESOLVED that the Town Center Owners' Association shall impose a special, annual assessment, in the amount of Fifty-Five Dollars and No Cents ($55.00) on the following units that are appurtenant to Common Multi-Family Open Space North and Common MultiFamily Open Space South, and located in the Big Sky Town Center:

Block 5, Lot G; Block 13, Lot 1 A; Block 13, Lot 2A; Block 17, Lot lA; Block 17, Lot 2A; Block 17, Lot 3A; and Block 17, Lot 4A.

This annual assessment shall be used by the TCOA to defray the costs of improvements to, and maintenance of these Multi-Family Open Space Parks.

BE IT FURTHER RESOLVED, that

1.

2.

2.

The Assessments shall be levied annually on March I st and September 1 ' 1

of each year, and shall be paid on or before April I st and October I st of each year. Notice of assessments will be mailed at least thirty (30) days prior to the April 1st and October 1st due dates.

If not received within thirty (30) days after the due dates above, assessments shall be deemed delinquent. Delinquent Owners will be notified of their status and assessed a $10.00 penalty and will begin to accrue interest at the rate of one percent ( 1%) per month.

If the assessment remains delinquent after sixty days from the due date, the Owner will be notified, in writing, ofthe delinquency and that if not fully

3.

4.

paid within thirty (30) days of the notice that the Association may elect to file a lien on the Owner's property. This warning shall also indicate that foreclosure may be used to enforce the lien and that attorneys' fees, filing fees and court costs will also be the responsibility of the delinquent Owner. Any appeals of this action must be addressed, in writing, to the Board of Directors in a timely manner.

If still delinquent ninety (90) days past the due date, the Association will file a lien the Owner's property at the same time that a letter stating that fact has been sent to the Owner. The Owner will also be inforn1ed of the additional charges assessed in order to file the lien. The Board may, in its discretion, elect to postpone action if a proper appeal is pending.

Every thirty (30) days thereafter, the Board will review delinquent accounts and determine whether or not to proceed with foreclosure. The Owner will be informed of the discussion(s) and continue to be warned and the delinquency shall continue to accrue interest.

~ Dated this 1_ day of ~5{i;PTEf1/3kfl '2007.

TOWN CENTER OWNERS' ASSOCIATION, INC

2

STATE OF MONTANA )

COUNTY OF GALLA TIN ) ~f[f;ly/)u·-

This instrument was acknowledged before me on ~st·L. 2007 by William G. Simkins, as Director of Town Center Owners' Association, Inc.

,jru.A.)-c,, c~-...__ Signature

. .--,--\ ((...._;{\


R 'd' I' i es1 mgat L,1;, ,,c: S·t<·J·"\ My Commission Expires:' G,, ··;o -Zt:C. 't

STATE OF MONT ANA )

COUNTY OF GALLA TIN ) ~Pr{;fj f!£1'-

This instrument was acknowledged before me on ~t _1, 2007, by Thomas Simkins, as Director, of Town Center Owners' Association, Inc. ,',

(

(SEAL)

STATE OF MONTANA )


Signature -( \ ~ ' \ .

.' 0--1..-( .,

\ ' . ' I/ . ):.__ \~\1 \. r:-.._(_ \ 'i ~ ' "(' 1 \ ·-

Printed Name Notary Public for the State of Montana Residing at L' . , ·, ... -y:..J 5 {t . .., '-My Commission Expires: 1..?~ .. 1 { '

5"'1T61'ff'j;i·

-;c ,( ... ( r

This instrument was acknowledged before me o~t l, 2007, by John Simkins, as Director, of Town Center Owners' Association, Inc.

(SEAL)

Signature -r7'c~.-(" /j

Printed Name Notary Public for the State of Montana Residing at l', t J, ,-c:.;.S/t/) ( My Commission Expire[ ~ ·((/ -za (_(

3

TOWN CENTER OWNERS' ASSOCIATION, INC. BOARD OF DIRECTORS POLICY RESOLUTION

POLICY: Revised Assessment Rate

Date of Board Adoption: /11/ ~ h / , 2008 Policy No.: ;<

Effective Date: At/'\. f / '2008 Date(s) Revised:. ______ _

RESOLUTION

Whereas, The Town Center Owners' Association, Inc. (TCOA) is a public benefit, nonprofit Montana corporation; and

Whereas, The TCOA Bylaws grant to the Board of Directors the authority to levy assessments on its Members; and

Whereas, it is in the best interest of the TCOA to collect its assessments in a timely manner;

Wh,~eas, the undersigned, being the Directors and Officers of the TCOA, having duly met on /fta./V'//1. { , 2008 following proper notice of the same, and having considered and discussed a proposal to increase the assessment rate for both commercial and residential properties, and having determined it is in the best interest of the TCOA to increase the assessment rate to cover increasing costs associated with maintaining the Town Center infrastructure to an acceptable level, and having notified the TCOA membership, on two (2) occasions by US Mail, of the need to raise the assessment rate, hereby adopt the following resolution:


1. Commercial Property in the Town Center Commercial (TCC) district zoning classification (Commercial District)

a. The Improved Property Assessment for commercial property shall be $1.64/sf/year, as of the effective date above.

b. The Unimproved Property Assessment for commercial property remains unchanged at 20% of the Improved Property Assessment, per Policy # 1.

1

2. Residential Property in the Town Center Residential (TCR) zoning classification (Residential District)

a. The Improved Property Assessment for residential property shall be $790/unit/year, as ofthe effective date above.

b. The Unimproved Property Assessment for residential property remains unchanged at 20% of the Improved Property Assessment, per Policy # 1 .

. ~~ Dated thts ~ day of --'O"'---"'c-'--n--"-v:..,:B--={i7._"----=-------' 2008.


By: ~~""------Th.....-e-o'-m+a-s_S.::.....i_m_k_in_s_,-D-ir_e_c-to_r ___ _

STATEOFMONTANA )


This instrument was acknowledged before me on ();p~ & 7!J by William G. Simkins, as Director of Town Center Owners' Association, Inc.

, 2008

(SEAL)

~~;(~ Signature () J3r£hcLtA- L . C!i r r/er Printed Name

Notary Public for the State of Montana Residing a~ 7!-£4¥-,~

1 A1T

My Commtsswn Expues: A1a.1.ch 3/ Zo 1 L • 7

2

STATEOFMONTANA )


This instrument was acknowledged before me on Oc/-D~ ~!]::._ '2008, by Thomas Simkins, as Director, of Town CentenOwners' AsJtio.R, Inc~:

J:JLuatiL ijl '~

(SEAL)

STATE OF MONTANA )


S_\gpature ~end({_ L. Ca rrt'v-

Printed Name Notar~P blic for the State of Montana

Residing at ·_ u..__cLo_ M T My Commission xpires:fk..uuh .3/. ZotZ-,

This instrument was acknowledged before me on 0#~ /P , 2008, by John Simkins, as Director, of Town Center ~d.:c~, ~

Signature /) Pr-m (j_p_ L-. Urr/~


Residing at ~. &11 My Commission Expires: tfkvt ~ 311 Zo t 2-

3

POLICY:


Collection of Assessments (Amendment to Policy No. 1, adopted 1119/05)

Date of Board Adoption:----=-,4__._,,F-/)_f'_~-=-( -~---' 2008 Policy No.: /A

Effective Date: {) C~~r \ '2008 Date(s) Revised: ______ _

RESOLUTION


Whereas, The TCOA Bylaws give its Board of Directors the authority to levy assessments on its Members; and

ereas, the undersigned, being the Directors and Officers of the TCOA, having duly met on l"'t • , 2008 following proper notice of the same, and having considered and discussed a proposal to change the assessment billing period (collection of assessments) from a biannual period to an annual period. This change is necessary to better match the timing of major expenditures with the timing of assessment revenue, which will now be due annually on October 1 of each calendar year. After having determined that it is in the best interest of the TCOA to make this change, as further defined below, the TCOA hereby adopts the following amendment to resolution Policy # 1. Except with respect to the foregoing amendment to Policy# 1, adopted 1/19/05, all other provisions of Policy# 1, set forth in paragraphs 2-6, remain in full force and effect:


1. Payment of assessments are due on or before October 1 of each calendar year. Assessments will be mailed at least thirty (30) days prior to October 1.

1

,~ /)

Dated this /9__ day of~Q,_,O:i=u----\,1U,.J>=G."-IL ____ , 2008.

STATEOFMONTANA )


By:~--Thomas Simkins, Director


This instrument was acknowledged before me on f! cJr1b.e& /P-- , 2008 by William G. Simkins, as Director of Town Center Owners' Association, Inc.

~Muk.J/~ Printed N arne

(SEAL) Notary Public for the State of Montana

Residing at &fffit'' cf& MT My Commission;pires:Ma/1 (Jl 3(, 2012-,

2

STATEOFMONTANA )


This instrument was acknowledged before me on 0~ Gr!:- , 2008, by Thomas Simkins, as Director, of Town Center ~n~ciatio.n, &~A

S~ature ;![ Printed N arne

(SEAL) Notary Public for the State of Montana Residing at ~. MT My CommisSiOllXp~Auuciz ~( Zo I 2....

STATE OF MONTANA )


This instrument was acknowledged before me on Oc/z:;b & 1!2 , 2008, by ----~~~---------

John Simkins, as Director, of Town Center o~z:ti~c~

Signature

(SEAL)

Brenk L. Gr-n' e.v Printed Name

Notary Pu~~c .... :~r~~e State of Montana Residing at B~ MT My CommissiollEXPifeS:A/a/tJ 3/. Zdt2..

I

3


POLICY: Trigger of Annual Assessments from Unimproved to Improved

Date of Board Adoption: AfJNL- / , 2008 Policy No.: 3 Effective Date: BjJI<JL / '2008 Date(s) Revised: ______ _

RESOLUTION



Whereas, Those same Bylaws give the Board the authority to impose interest charges and penalties on amounts that are overdue; and


Whereas, the undersigned, being the Directors and Officers of the TCOA, having duly met on f?rl&ll- / , 2008 following proper notice of the same, and having considered and discussed a proposal to clarify the timing of the collection of annual assessments for Improved and Unimproved property, as well as the rate of such assessments on the owners and/or developers of that property, and having determined it is in the best interest of the TCOA to transition the assessment for Unimproved Property to that of Improved Property upon the installation and completion of certain improvements as defined below, hereby adopt the following resolution:


A. Property in the Town Center Commercial (TCC) district zoning classification (Commercial District)

1. Unimproved Property Assessment.

The Unimproved Property Assessment is 20% of the Improved Property Assessment for each lot or unit within the Commercial District. The amount of the assessment is

calculated by first determining whether the proposed development on the unimproved property is commercial or residential in character, or a combination ofboth. If the proposed development is commercial, the amount of the assessment is based upon the square footage of the proposed commercial development, multiplied by the current assessment per square foot for commercial property. If the proposed development is residential, the amount of the assessment is based upon the number of residential units to be constructed on the unimproved property. Once calculated, the unimproved property assessment is due and payable on an annual basis due on October 1 of each calendar year. The first payment is due and payable upon the closing of the purchase of the unimproved real property, and shall be prorated based upon the date of closing in relation to the next due date ofthe annual assessment payment. For example, if the amount of the assessment is $1,200 a year ($100 a month) and closing occurs on September 1, the purchaser shall pay at closing the sum of$100 (representing the pro rata share of the annual assessment between the closing of September 1 and the annual assessment due date of October 1 ). Using this example, the annual payment of $1 ,200 would then be due on October 1 of that same year, and every year thereafter. This annual Unimproved Property Assessment shall continue until the Improved property assessment is triggered, pursuant to subsection A.2 below.

2. Improved Property Assessment.

The Improved Property Annual Assessment, which is 1 00% of the amount calculated under Section A.l., above, is triggered upon installation and completion of the paving of the parking lot serving the property, or the construction of a gravel surface parking lot, if such parking lot will likely require, at the sole discretion ofTCOA, snowplow services during the winter months. The timing of the change from the Unimproved Property Assessment to the Improved Property Assessment is to ensure that the TCOA is able to collect the assessments necessary to cover the cost of snowplowing and otherwise maintaining the parking lot(s) before, or at the same time as, those services are required.

3. This Resolution supersedes all prior resolutions and/or Policies regarding the time and amount annual assessments for Unimproved to Improved.

B. Property in the Town Center Residential (TCR) zoning classification (Residential District)

1. The annual Unimproved Property Assessment, which is presently 20% ofthe Improved Property Assessment, shall be assessed on a per-unit basis at the closing of the lot, and the assessment shall be based upon the number of residential units that the purchaser plans to build on the lot. The assessment shall be prorated at closing, as explained above in A.1 for property within the Town Center Commercial District, with the purchaser

. paying to the TCOA the pro rata share of the Unimproved Assessment from the time of closing until the next annual installment due date (October 1 of each calendar year). This Unimproved Property Assessment shall continue at 20% of the Improvement Property Assessment, until the Improved Property Assessment is triggered, pursuant to subsection B.2 below.

2

2. The Improved Property Assessment shall be triggered upon the closing of a sale for a unit between the developer of the property and a third party purchaser, or issuance of an occupancy permit for the residential unit, whichever event occurs first.

)JJ::_ Dated this day of Ov[ot> 6/L '2008.

STATE OF MONT ANA )


By: ~.?~ L:

Thomas Simkins, Director

By:_lv~~~:.~~-------


This instrument was acknowledged before me on f2cfo~ / ~ , 2008 by William G. Simkins, as Director of Town Center Owners' Association, Inc .

.&wb-;t~

(SEAL)

3

STATE OF MONT ANA )


This instrument was acknowledged before me on Qrh."> 6v--- / §!: , 2008,

by Thomas Simkins, as Director, of Town Cen~;~s~i~

Signature J?t-e.nk L. ~rr,'er


Residing at ~.cuJ., , MT My Commission Expires: d1M.dz 5 ( 2£>12-

STATEOFMONTANA )


This instrument was acknowledged before me on Odo~ /sf' , 2008, --~~~~-----------

by John Simkins, as Director, ofT own Center ~kci:J;?: I~

S~ature 17re~tdA L. &rr-i-er

Printed Name (SEAL) Notary Pubic for thJ State of Montana

Residing at c1!.t M T My Commission Expires: .Jiaadz -3/ ZOI z..

)

4

'I

OCTOBER 2008 RESOLUTION OF THE DIRECTORS OF THE TOWN CENTER OWNERS' ASSOCIATION, INC.,

ADOPTING AMENDED BYLAWS

The undersigned, being the Directors and Officers of the Town Center Owners' Association, Inc., (TCOA), a Montana non-profit corporation, having duly met on October 8, 2008, following proper notice of the same, and having considered and discussed the proposed amendments to the October 2008 Amended and Restated Bylaws of the Town Center Owners' Association, Inc. (Bylaws) hereby adopt the following Resolution:

BE IT RESOLVED, that the previously filed and recorded September 2007 Amended and Restated Bylaws ofthe Town Center Owners' Association, Inc. (Doc# 2281028) are hereby withdrawn and terminated and replaced with the October 2008 Amended and Restated Bylaws of the Town Center Owners' Association, Inc. (Doc# 2340943);

BE IT FURTHER RESOLVED, that to the extent that the Director(s) have executed this document prior to the formal adoption of this Resolution, that such acts of the Directors is/are hereby ratified and affi~d.

Dated this~.3) day of October, 2008.


----:;: - /1 .. By: _c1 t/ r /Z/ ......____.-

\ i \1

STATE OF MONTANA )

COUNTY OF GALLATIN ) 1.J:xf}

This instrument was acknowledged before me on October~'~ by William G. Simkins, as Director of Town Center Owners' Association, Inc.

~u£-;£~ Printed Name Notary Public for the State of Montana Residing at ____________ _ My Commission Expires: ________ _

STATE OF MONTANA )


'l..W) This instrument was acknowledged before me on October }E_, :2B68, by Thomas

Simkins, as Director, of Town Center Owners'~~~:~· J_ /) ~t?f!b 4 lA,A~

'''"'"""1:"'"""''"" Brenda L. Carrier 1§0.."': • · · ~ ~.., Notary Public lt:~o"TAR1..,/~"l. tor the State of Montana ? · -·- • ; Residing at: \~··.SEAI:fi!Ars.elgrade, Montana %~JJi: · . ·tiiJt.~$· · W Commission 5fflres:

''"'''''~"'"'""'~"' March 31, 201

Printed Name Notary Public for the State of Montana Residing at ____________ _ My Commission Expires:. ________ _

STATEOFMONTANA )


ZC5if} This instrument was acknowledged before me on October J:_, 2008-, by John Simkins,

as Director, ofTown Center Owners' Association!c.. ;J /) .

~£13__ &Z ~ ""'"'""!:"""""' Brenda L. CarTier 4o,":. :.~~ Notary Public

l:;:·~o'TARI..,i~\forthe State of Montana ¥. • -- • ~ Residing at: \~.S~iliL)Belgrade, Montana '0;'~ .. ~'V My Commission expires:

,,,,,,,~ •• "'"''"'''"' March 31,2012

Signature

Printed Name Notary Public for the State of Montana Residing at ____________ _ My Commission Expires: ________ _

2



Date of Board Adoption: AvJ US f-- / f/ , 2009 Policy No.:~ ,4

Effective Date:~ k.N\ ~-· '2009 Date(s) Revised: ______ _

RESOLUTION




Whereas, the undersigned, being the Directors and Officers of the TCOA, having duly met on A~~-.~::.+ s- , 2009 following proper notice of the same, and having considered and discussed a proposal to increase the assessment rate for commercial properties only, and having determined it is in the best interest of the TCOA to increase the assessment rate to cover increasing costs associated with maintaining the Town Center infrastructure to an acceptable level, and having notified the TCOA membership, on one (1) occasion by US Mail, of the increased assessment rate, hereby adopt the following resolution:




b. The Unimproved Property Assessment for commercial property remains unchanged at 20% of the Improved Property Assessment, per Policy# 3.

Dated this _1-_:f_·-_t-~ay of_--"-,._r--"--·1~-=-·-,.---j+-· _<-_:.'\_.....1._~'-----' 2009.


By: ____ "__,_, ___ ( _.,J'-/·""z._/_.(_ __ -_· ---Thomas Simkins, Director

i, r· C (J !J B y:--+~-Nff_+-,JL_,!L,I/ ~(.l,<A~b-=\.~::::-~ ~.z, =.L-::;:f--lA' J,;~vv('V-f ---

Wi1Ii~m Simkins, Director (\lj/ 1 . /' )

By: __ '-.-t_'71Vv_1_WI-.~-t-II-/!J_ . .__•wf_;:_ .. _"')/111;--_· __ •• ___ _

J,:ohn Simkins1 Director

STATE OF MONTANA )


This instrument was acknowledged before me on ~~ / 7 ?2:::. by William G. Simkins, as Director of Town Center Owners' AssociatiOn, Inc.

'2009

~t~;:L~ Signature B ref~,.cL_ L. ~a.vn ·er

Printed Name Notary Public for the State of Montana

Residing at 13~ ct_ . M r My Commissionxpifes: /!AAAJ_j, .3) :?-D!;<_

I

2

STATE OF MONT ANA )


This instrument was acknowledged before me on 1;;W~ / 1° , 2009 by Thomas Simkins, as Director, of Town Cente~:::s_'_A__,i""'s""oc--=-i--'a"H~w'---',-I-~_,_·· ------'---.---

~4?£4..~~~ Signature

''""''"t""""' Brenda L. Camer "D r L ll - ·r • · j'~Q-~ · : · l?-:t9~ Notary PUblic ..f2. '(-€ fl. CJu:<_ • l.tL I '(I er-~~·~oiARt~i-~\forthe State of Montana Printed Name i Ill; - • = Residing at: · \~.s~'GM/J Belgrade, Montana Notary Pubhc for the State of Montana \;;j;c;,:~~$ My Commission Expires: Residing at ~ ~ a /._e MT

.,,,, .~~~ March31, 2Q12 M c . . ~E . 1,; "'"'"'"'" y ommtsswn xptres: ./III&A ch 3t 20 I 2

'

STATEOFMONTANA )


This instrument was acknowledged before me on ~fyu.._.d / 71!::'- , 2009

by John Simkins, as Director, ofTown Center er::~:~:ircifn~

Si~t11re 2/' '''"\1\ltfl•ul~: B d L C . j_ l f' -

~"''''f>~-~-.c~~~~... ren a . anierw c.- . ~....J,tr r; e._r--i'~~-· ··'7~~ Notary Public · d j .§'.:~oiAAI-1~~\. for the State of Montana Pnnte N arne i * :. =·-:15;~) Residing at: Notary P11 lie for the State of Montana \~--~~-~~ Belgrade, Montana ~,~O;:·~~· My Commission Expires: Residing at M T

'''"'""'''""'"''''' March 31, 2012 My Commission xpires: -z..a, 1 2-

3


POLICY: $25 Fee for Big Sky Trail Maintenance (Donation to BSCC)

Date of Board Adoption: .4f{vJ /- /1- , 2009 Policy No.: )!. ~ . ~ I

Effective Date: ~ ~~~../\....... /, 2009 Date(s) Revised: ______ _

RESOLUTION


Whereas, The TCOA Bylaws give its Board of Directors the authority to levy assessments on its Members; and

keas, the undersigned, being the Directors and Officers of the TCOA, having duly met on ~us f.: S" , 2009 following proper notice ofthe same, and having considered and discussed a proposal to assess each Town Center unit/lot a Twenty-Five Dollar ($25) fee to be donated to the non-profit Big Sky Community Corporation (BSCC) for the maintenance of trails in the Big Sky area. With the present membership, the $25 annual fee will result in a yearly donation of about Two Thousand One Hundred Dollars ($2, 1 00) from the TCOA to the BSCC.


1. Each unit/lot owner in the Big Sky Town Center, whether residential or commercial, shall be assessed a $25 annual fee that will be donated to the BSCC for Big Sky trail maintenance. For each assessment period, this fee shall be levied on each Improved unit, and only one (1) time for all Unimproved unit(s) owned by a single entity.

1

Dated thisttday of A-d'-\ ti \,---t '2009 . . .;

STATE OF MONTANA )


By: ;:::r:;t/~v\___ Thomas Simkins, Director

By:~ltu~AU~UF=-'-"--'7·. ~·M<Z'-"""""-/ _ Wifir"am Stmkms, Dtrector

i ' I -J By: __ ~Hj ~~-f--1~--'------J.bhn Sim ms, Direptor

j \~


This instrument was acknowledged before me on ~ 17 °, 2009 by William G. Simkins, as Director of Town Center Owners' Association, Inc.

,,,,,n1tll111111,1

t-'"~~-~·.s;;"-;, Brenda L. Carrier ~~- · · ·. ~\ Notary Public ~.f.-~o'TM/-1(·.~%_forthe State of Montana ~ * :_ ~~~ Residing at: %~·. ·d Belgrade, Montana "%_,,"fi:J;:~/ My Commission Exptres·

''"""""'"""""' March 31, 2012 .

STATE OF MONTANA )

~LA-t~ S~ature 'h-o1Jo.. L. lftvrl er


Residing at ~ rft , M T My Commission Expires: !lA.tu_fh 3/. Wlt.-

J

2


This instrument was acknowledged before me on ~ / 7 !.::' , 2009 by

Thomas Simkins, as Director, ofTown Cente~'Z:ci~,C~

"''"'"'"""'''' Brenda L Carner Si~ature v ~,,... po.. L c. . .-~ .. ,. . I ., L (J -~~ .. : .. ~~ NotnryPubllc J ti'ltltL . U1xrie..r ft:l::· o"TARI-4·.~~ for the State of Montana ----"-''--'---..::~~:.__-'-"""-'---'-'-:::.:._ _______ _

"Q). ~ c~"' R id' -t· Pn'nted Name ; . -·- . = es tng a . \~. S&UA.:_:j Belgrade, t~ontana Notary Public for the State of Montana %"1~':'.":':~W MyCommiSSionExplres: '12.~ fl

,,,,,, .. ,,~,~~,_.,$' March 31, 2012 Residing at .J,.L cXL 1

,M T

My CommisBf011XJ)ires: 1NtAJ1 ?{, 10 tL

STATE OF MONTANA )


This instrument was acknowledged before me on ~ 17 7:!::::> , 2009 by

John Simkins, as Director, of Town Center Own~Asso~~- /) .

'""\'~·~·~~~~~,,, B d L C ,.,,,~,_ L. C.:.'q_,.,,, ren a . arr1 er f{#. · · · · · -~~ Notary Public §::~o"TARJ-4£'.~~ for the State of Montana ~*:. -·-y'SEAU Residing at: \~ .. ~EA~·~-< Belgrade, Montana "~ · · · -~"',_$ My Commission Expires:

,,,, OFMV':,,.- M h 31 2012 '11''"•'"n~''''" arc •

l_)_f-d-t. . l~

Printed N arne Notary Public for the State of Montana

Residing at . E~~u rb1

t(;t T . . My CommissiOn Expires: !Vtt:vtcA 3/ ZCJI2-

'

3

POLICY:


Restrictions for Medical Marijuana Dispensaries and other Marijuana-Related Businesses

Date of Board Adoption: -rc;;:,".J"-/d b , 2010 Policy No.: ..s-Effective Date: ~Aut"Qj C, , 2010 Date(s) Revised:. ______ _

RESOLUTION


~eas, the unde~signed, being the Directors and Officers of the TCOA, having duly met on -..) LV"u~r;J 'o , 201 0 following proper notice of the same, and having considered and disc sed the possible geographical locations and other restnctions for Medical Marijuana Dispensaries and other Marijuana-Related Businesses within the Town Center Planned Unit Development area, hereby adopt the following resolution:


l. Medical Marijuana Dispensaries may only be located on the second or subsequent stories of a building in the Town Center Commercial (TCC) zone of the Gallatin Canyon/Big Sky Zoning District.

2. Medical Marijuana Dispensaries are prohibited from locating in the Town Center Residential (TCR) zone of the Gallatin Canyon/Big Sky Zoning District.

3. Other Marijuana-Related Businesses are prohibited from locating in the Town Center Planned Unit Development area,. specifically the Town Center Commercial (TCC) and the Town Center Residential (TCR) zones of the Gallatin Canyon/Big Sky Zoning District.

4. Medical Marijuana Dispensaries shall comply with all applicable Federal, State, and Local laws.

5. As with all proposed businesses in the Town Center, all proposed Medical Marijuana Dispensaries shall submit a Tenant and Business Pre-Approval Application to the Town Center Owners' Association, Inc. (TCOA). The applicant shall receive approval from the TCOA for their proposed use prior to purchasing space or signing a lease for space in the Town Center.

•l::t' Dated this l day of __ -:..._)-'-:1,__iv_Lr_', ·_,_)A_,' Y,__ ____ , 2010.

I

STATE OF MONTANA )


This instrument was acknowledged before me on ~u. a.~t/2 , 2010 by William G. Simkins, as Director of the Town Center Owners' Association, c.

diu,&~ ;;ze~~-1 ••"'""'i::"""''•,.. Brenda L. Canter /J?!':· · · ·~~ Notary Public ;~::~oTARt,.i·.':iJ\ for the State of Montana Signature § *: SEAL : * § Residing at: \~· ~· § Belgrade, Montana ,. •• •• $ ""~, • • ~~ My Commission Expires: ,,,,,,,~~L) March 31,2012


Residing at ____________ _ My Commission Expires: _______ _

2

STATE OF MONT ANA )


This instrument was acknowledged before me on '.?k d-L u a,A_A..,l, /2---Thomas Simkins, as Director of the Town Cen~=, ~~sociati3n, fc_.

7 ,

'2010 by

. ~1 £;,{)_ ¥u 'L i.., Lti"q

,,,•'"''"'t""""''''~ Brenda L. Carrier Signature •_/ ,1;tQ_t'-: · : · S:\9~,. Notary Public

fQ..: · o1AR1,.··.~\ for the State of Montana "Ill-~ (,:Jio 'd t ~ : - :* ~ Res1 ing a: ~ * ·.~· f Belgrade, Montana '\'~ · ... · l My Commission Expires:

~,,,,,,,,OF, ,,,, .. , ... ~~ March 31, 2012 Ill I till\\\

STATE OF MONTANA )



Residing at ____________ _ My Commission Expires:. ________ _

This instrument was acknowledged before me on ~'<...-1~ a ,,;_..,__,1 J 2 , 20 I 0 by John Simkins, as Director of the Town Center~ As'ftatij;{c. / • .

, 'AL<"---fk a... " . t a/, A ,.-U?-1

,,,,,uiiiJIJ''''" Signature ~~~·i,~. ~-. ~""~- Brenda L. Carner

lfl· · ·· .. 'a\ Notary Public f/l:'!\D1ARt~~,£ .. ~t for the State of Montana ~ * :. S ;;;E A!}. Residing at: \,3··. -~-. ·.,-/' Belgrade, Montana '~/j OF ·a_"'"" My Commission Expires·

''''''1'''''11'.11'\,,,,.: March 31, 2012 ·


Residing at ____________ _ My Commission Expires: ________ _

3



Date of Board Adoption: 8 /3! /12.-'

, 2012 Policy No.:__,b:::.__

Effective Date: '6/s/ /!L- ,2012 ' I '

Date(s) Revised: ______ _

RESOLUTION




Wherfs, tL~undersigned, being the Directors and Officers of the TCOA, having duly met on '!? S/ I 2-.. , 2012 following proper notice of the same, and having considered and di~{;tissed a proposal to increase the assessment rate for commercial and residential properties, and having determined it is in the best interest of the TCOA to increase the assessment rate to cover increasing costs associated with maintaining the Town Center site and infrastructure to an acceptable level, and having notified the TCOA membership, on one (1) occasion by US Mail (TCOA Newsletter Fall2012), of the increased assessment rate, hereby adopt the following resolution:




b. The Unimproved Property Assessment for commercial property remains unchanged at 20% of the Improved Property Assessment, per Policy# 3.

2. Residential Property in the Town Center Residential (TCR) district zoning classification (Residential District)

a. The Improved Property Assessment for residential property shall be $912/unit/year, as of the effective date above.

b. The Unimproved Property Assessment for residential property remains unchanged at 20% of the Improved Property Assessment, per Policy# 3.

61-Dated this 3 0 day of OurvtJ e(L '2012.

TOWN CENTER OWNERf A1)SOCIATION, INC

By: ~(L ~ Thomas Simkins, Director

STATEOFMONTANA )


This instrument was acknowledged before me on -----"D~cJv::_:_,::.!/u"'·=-L~...cJ"'·~D::___ __ , 2012 by William G. Simkins, as Director of Town Center Owners' Association, Inc.

~ll'!Uilllllltr,

~" .. ~ ~""- BRENDA L CARRIER "" .·• ·.'l! \ Notary Public I :~oTARI..ql ~ t for the State of Montana

i*:. SEAL.-·*; Residing at: \~':'~jf Belgrade, Montana ·~·'' My Commission Expires·

-11"'1"'•''''''' March 31,2016 '

'-ill. /} ~ /1 . . TJ.Lwux._e"- <:25 , LtA.A .. A....d--, Signature r./


Residing at-;~~~~~~~~~~~~ My Commission Expires: -

2

STATE OF MONTANA )


This instrument was acknowledged before me on Q c-...fo b&'-' 3Q , 2012

by Thomas Simkins, as Director, of Town Cen&~s·zociati~n·r~~~ ,,,,,,nlll!l/j"J BR r/;y{

t~~'c~.~c4;; •• ,, ENDA L CARRIER Signature ~g:.·· ··T~\ Notary Public ==================-[111:·.,..o>AR14(·.~; for the State of Montana ~*:SEAL:.: Residing at: Printed Name \~;.';ALb_ .... ~/ Belgrade, Montana t~bFM6¥:~~~' My Commiss1on Expires:

''''''"'H~>I•'"''''~ March 31, 2016

STATE OF MONTANA )


Notary Public for the State of Montana Residing at My Commission Expires:

This instrument was acknowledged before me on Oefo&-'-- ~ , 2012 by John Simkins, as Director, of Town Center O:!rs: Assoy,iatio~ /) . .

~{ tfA ~· L{{A.A-AJl-, ~~~'&;'~'l_'

1

2;~'''~ BRENDA L CARRIER Si,~g~n~at~u~r:_e ______ -------~ ,;~······~\ NotaryPubllc -§'0,:~oTARt.q,·.~\ for the State of Montana §' *: -·- : * ~ Residing at: "%..~·~·iJ Belgrade, Montana ·~.;:~;:;,;~~,• My Commission Expires:

"'''t'm.,,,,,,,,,,,,,,,, March 31, 2016


Residing at ~~jfx~~=~~~~~~~~ My Commission Expires:

3

POLICY:


Revised Assessment Rate

Date of Board Adoption: Av411?± Z--1 , 2015 Policy No.:____.]'---

Effective Date: 5&pt.tf\.\bt;-L l , 2015 Date(s) Revised: ______ _

RESOLUTION




Whereas, the undersigned, being the Directors and Officers of the TCOA, having duly met on Aviu?± .Z..\ , 2015 following proper notice of the same, and having considered ana discussed a proposal to increase the assessment rate for commercial and residential properties, and having determined it is in the best interest of the TCOA to increase the assessment rate to cover increasing costs associated with maintaining the Town Center site and infrastructure to an acceptable level, and having notified the TCOA membership, on one (1) occasion by US Mail (TCOA Newsletter Fall2015), of the increased assessment rate, hereby adopt the following resolution:




b. The Unimproved Property Assessment for commercial property remains unchanged at 20% of the Improved Property Assessment, per Policy # 3.

c. The $25 annual fee that will be donated to the BSCC for Big Sky trail maintenance will remain the same.

1

2. Public/Quasi-Public Property in the Town Center Commercial (TCC) district zoning classification (Commercial District)

a. The Improved Property Assessment for public/quasi-public property shall be $2.15/sf/year, as of the effective date above.

b. The Unimproved Property Assessment for public/quasi-public property remains unchanged at 20% of the Improved Property Assessment, per Policy# 3.


3. Residential Property in the Town Center Residential (TCR) district zoning classification (Residential District)

a. The Improved Property Assessment for residential property shall be $940/unit/year, as ofthe effective date above.

b. The Unimproved Property Assessment for residential property remains unchanged at 20% of the Improved Property Assessment, per Policy# 3.


~(....

Dated this 1- J day of A U ~V S 1 , 2015.



2

STATE OF MONTANA )


This instrument was acknowledged before me on fJ .1"' c.._ • c2 / §! by William Simkins, as Director of Town C~ Owne)1' Ass~, Inc.

''''''""''• ~~ ~ #t;_~ ,.,.·~~-~',, l:lnENDA L. HAAKENSON Signature ~

'2015

.f~. · · · · .'t>'-- Notary Public =t!:·~O~~'"'c.CJ:~ for the State of Montana -=='----------------~ = • ·. SEAL : * _ F~esiding at: s~·.. . . . ·~--- 8clgradc, Montana

.,,,~~ My Comm1ss1on Expires: '''""''''' March31,2016

Notary Public for the State of Montana Residing at ______ _______ _

Printed Name

My Commission Expires: ________ _

STATE OF MONTANA )


This instrument was acknowledged before me on ~_!1: . c52/if , 2015 by Thomas Simkins, as Director, of Town Ce~:;,rocratiof(, In~

~,,,,, ... ,,, ~ $. 4 .f~~.l-!~~',, BRENDA L. HAA~ENSON Signature ~!S . · · . 1-o ', Notary Pubhc fi::~o~~~'"'/·~~ for the State of Montana -----------------

::•· SE : • Residing at: Printed Name ~\·.. A~:~_.: Belgrade, Montana "'~,~J~) My Commission Expires: Notary Public for the State of Montana

,,,,,,,.,,,,.•' March 31,2016 Residing at _____________ _

My Commission Expires: ________ _

3

STATE OF MONTANA )


This instrument was acknowledged before me on flt~. 02./§_{ by John Simkins, as Director, of Town Cente:tJ::/:J!:_c;;;f: ~

<"~~,,~·~~~~~',, BRENDA L. HM~ENSON Signature ~',$:~ ·.'(-1.: -- Notary Public ----------------g~::"'oTAAt~i-~ ~ for n10 State of Montana : .: --- : ; . Hos1d1ng at: Printed Name ~:ii,~EAA.f.-.-..i_: Belgrade, Montana N p bl" c h S fM <>~~lJ;M6#:,,- My commission Expires: otary u 1c 10r t e tate o ontana

,,,,,,,,,,,,,,, March 31,2016 Residing at -====================-

'2015

My Commission Expires:~===========-

4


POLICY: Revised Common Multi-Family Open Space North and Open Space South Assessment Rate

Date of Board Adoption: AvtfU?+ 'Z-1 , 2015 Policy No.: B Effective Date: sep+-1411 bw- I '2015 Date(s) Revised: _____ _

RESOLUTION




Whereas, The undersigned, being the Directors and Officers of the Town Center Owners' Association, Inc., (TCOA), a Montana non-profit corporation, having duly met on

Avqv2+ "2- I , 2015, following proper notice ofthe same, and having considered and discussed the proposal to increase the annual special assessment on the Owners of certain property particularly benefited by the Town Center Multi-Family Open Space Parks to help defray the costs of improvements to those parks and maintenance of the same, and having determined it is in the best interests of the Association to impose a special, annual assessment for such parks, hereby adopt the following resolution:

BE IT RESOLVED, that the special annual assessment, in the amount of Sixty-Five Dollars and No Cents ($65 .00) on the following units that are appurtenant to Common Multi-Family Open Space North and Common Multi-Family Open Space South, and located in the Big Sky Town Center:

Block 13, Lot 1A; Block 13, Lot 2A; Block 17, Lot lA; Block 17, Lot 2A; Block 17, Lot 3A; and Block 17, Lot 4A.

BE IT FURTHER RESOLVED, that the special annual assessment will no longer be levied on:

Block 5, Lot G.

Page 1 of3

BE IT FURTHER RESOLVED, that

1. The Assessments shall be levied annually on September 151 of each year, and shall be paid on or before October 1st of each year. Notice of assessments will be mailed at least thirty (30) days prior to the October 1st

due date.

~ Dated this 2J day of AVf:-!,!s/ '2015.

TOWN CENTER OWNV:IATION, INC

By: ~(\ Thomas Simkins, Director

STATE OF MONTANA )


s+ This instrument was acknowledged before me on August 21 ,"LOIS by William G.

Simkins, as Director ofTown Center Owners' ~ociation;,Inc.

+''''''''''''''••,, BRENDA L. HAAKENSON ~ ;;;{? iJ.ud~ '"-"'\..HAll~.-_,, p br s· ~r:* ~-. · · ·. -~~--- Notary u •c 1gnature

~ : o1AAt,q ·.'b-- for the State of Montana ----------------= : ~ -·- £ :z- Residing at: -----------------~t);.SEAL . .-;.: Belgrade, Montana \1~ · ·1<-d() My Commission Expires:

,,,,,,,~~.~(;'. March 31, 2016

Printed N arne Notary Public for the State of Montana Residing at ____________ _ My Commission Expires: ________ _

Page 2 of3

STATE OF MONTANA )


t This instrument was acknowledged before me on August ~;'2015, by Thomas Simkins,

as Director, of Town Center Owners' Associatioli{Inc. /) y{) 1 1 1 L}.diUtd/k rf=L &o!JJCM~

-~~''''~'HA:.j~~-, BRENDA L. HAAKENSON Signature -"" ~- · · · .-.~·i:'', Notary Public --------------/f·~oTAA/11,(·00'--- for the State of Montana = •: --;·- : ;- - Residing at: =--~c&-Eft\-.~-;- Belgrade, Montana

'<~~- · 0~~--- My Commission Expires: ,,,,,,," ,":',,,,,' March 31, 2016

Printed Name Notary Public for the State of Montana Residing at _____________ _ My Commission Expires:_-=========--

STATE OF MONTANA )


This instrument was acknowledged before me on August~¥;.015, by John Simkins, as Director, of Town Center Owners' Association,~~ ;;;::: ~

.~~''''';:'HA:.j•,,,, BRENDA L. HAAKENSON Signature "'f$ ~- · · · ·~1-:'-- Notary Public -=-----------------

{ .:~oTARlll,(-00 -~ tor the State of Montana Prt"nted Name :: *: -·- : z - Residing at: ~~--~~Bl\~_-: Belgrade, Montana Notary Public for the State of Montana -,_~~D,:·M6~'<f',-· My Commission Expires: Residing at -- ------------

,,,,,,,,,,, ,,,•'' March 31, 2016 My Commission Expires: ________ _

Page 3 of3

AUGUST 2015 RESOLUTION OF THE DIRECTORS OF THE TOWN CENTER OWNERS' ASSOCIATION, INC.,

ADOPTING AND IMPOSING A SPECIAL ASSESSMENT FOR THE BIG SKY MEDICAL CENTER ON LOTS 4A & 6 IN BLOCK 9

The undersigned, being the Board of Directors and Officers ofthe Town Center Owners' Association, Inc., (TCOA), a Montana non-profit corporation, having duly met on

tfvf¥2'1: '-7= \ , 2015, following proper notice of the same, and having considerea and discussed the proposal to adopt and impose a special assessment for the Big Sky Medical Center, (BSMC), its successors and assigns, hereby adopt the following resolution:

WHEREAS, pursuant to the Bylaws ofthe TCOA, the Board of Directors shall establish and levy assessments, the amount of which may be established by the Board;

WHEREAS, the Board of Directors may determine that an assessment amount other than a fixed and uniform rate is more equitable;

WHEREAS, the BSMC occupies Lots 4A and 6 in Block 9 (Lots) of Town Center and is subject to TCOA Assessments;

WHEREAS, the BSMC, as a medical facility, including commercial and public/quasipublic development, has special and additional requirements and needs related to lighting, trash disposal, power, and snow removal, among others;

WHEREAS, given those special and additional requirements and needs, the BSMC will be responsible for maintenance of the Lots, and may hire and contract with their own site services company for such services, including, but not limited to snow removal and maintenance of all parking lots, driveways, sidewalks, and walkways; trash pickup; dog waste cleanup; site lighting installation and maintenance; parking lot maintenance including striping; noxious weed management; mowing of lawns within the Lots; lawn weed control and fertilization; irrigation water, maintenance and repair; and holiday lighting installation and removal (Maintenance);

WHEREAS, the BSMC cannot participate in the TCOA light lease program with NorthWestern Energy due to special and additional needs of the medical facility, thus BSMC will maintain its own parking lot and site lighting within the Lots, and may hire and contract with their own site services company and NorthWestern Energy to maintain the same;

WHEREAS, the BSMC benefits from the snowplowing on accessory roadways, landscaping maintenance on the common open space areas, trail maintenance, weed control, accounting, copier/printing, events, contract labor, advertising, insurance, legal, licenses, permits, memberships, professional review, utilities and other general business ofthe TCOA in the Big Sky Town Center (Incidental Benefits), payment for which is included in Assessments for Lots, Units or Tracts equally;

WHEREAS, the BSMC is providing its own Maintenance, and is not contributing to the Page I of4

shared costs provided by TCOA Assessments for those Incidental Benefits described above, thus the Board has determined that a special assessment for those Incidental Benefits provided by TCOA is more equitable than the fixed and uniform Assessment payed by other Lots, Units or Tracts; and

WHEREAS, the Board of Directors has determined that an equitable amount for such a special assessment would be based upon the Unimproved Property Assessment Rate;

NOW THEREFORE, BE IT RESOLVED that the TCOA shall impose a special assessment annually at the Unimproved Property Assessment Rate, which currently is 20% of the Improved Property Assessment for each lot or unit within the Commercial District, and which may change from time to time at the discretion of the Board ofDirectors. The BSMC development is commercial and public/quasi-public development, thus the amount of the assessment is based upon the square footage of the proposed commercial and public/quasi-public development, multiplied by the current assessment per square foot for commercial or public/quasi-public property.

Once calculated, the Unimproved Property Assessment is due and payable on an annual basis due on October 1 of each calendar year.

The special assessment will be assessed on the following commercial and public/quasipublic space that is appurtenant to Lot 4A and Lot 6 in Block 9 of the Big Sky Town Center Subdivision Huntley's Second Addition Phase, located in the NW ~and the NE ~of Section 1 Township 7 South, Range 3 East, and in the SW ~and SE ~of Section 36, Township 6 South, Range 3 East, P.M.M., Gallatin County, Montana, according to the official plat J-517 thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana.

Dated this ti day of /Jrv1 U~ '2015.

TOWN C.ENTER O~RS' ASSOCIATION, INC

----/1 By: . ../'} v t


Page 2 of4

STATE OF MONTANA )


st This instrument was acknowledged before me on August 2/ , 2015 by William Simkins,

as Director of Town Center Owners' Association, Inc.

13ARA1~-;£: ~ Signature !/ ~~,,~'ttiM''•t, I I BRENDA L. HAAKENSON

/~~· · · · ·~1-;, Notary Public ~~·"'0-rAAtA.[·~ ·-. for the State of Montana = m. -·- · .t. Res1d1ng at: ~t}: .. SEAL.j-_; Belgrade, Montana '_,.,;"~ · (S~~"p) My Commission Expires:

.,,,,,,~,~~··'' March 31, 2016

Printed Name Notary Public for the State of Montana Residing at ___ _ ____ ___ _ _ _

My Commission Expires:-==============

STATE OF MONTANA )


.« This instrument was acknowledged before me on August~, 2015, by Thomas Simkins,

as Director, of Town Center Owners' Association, Inc.

~;I~ .~~~·''t"ti~''•,, BRE:NDA L. HAAKENSON /' ~t: · · · · · ~1-··. Notary Public //·"'oiAAtA.{~ ·- for the State of Montana =':: -·- :; Residing at: ~~.SEAL.-~- Belgrade, Montana ~--{-i=Oi=-~AL) My Commission Expires:

,,,,,,,,,,, March 31, 2016

Printed Name Notary Public for the State of Montana Residing at _____ ___ ___ __ _

My Commission Expires:---------

Page 3 of4

STATE OF MONT ANA )


This instrument was acknowledged before me on August J{~2015, by John Simkins, as Director, of Town Center Owners' Association, Inc.

~t~ Signature

,.,,,,;~,H~~~-- BRENDA L. HAAKENSON ~"".;:.<:>. • · · · · · -~~--- Notary Public

{lf.:~oTARI"ll·.'!Q'- for the State of Montana :~: , :;~ Residing at: ~~-.SEAL_.~_: Belgrade, Montana '<~~~() My Commission Expires:

.,,,,.,,\ ~', , March 31,2016

Printed Name Notary Public for the State of Montana Residing at _ _ _ ___ ___ ___ _ _

My Commission Expires:_:::==============--

Page 4 of4

tf::t original - big sky town center · simkins' holdings, llc's town center development...

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