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FILE REVIEW SHEET ,
ADMINI�T.RATIVS PROJSCT DECISIONwiout DEVIATIONS
File Name: S Ir-He Numper:
ReferencEl-08009,T-08003,Z-07284, E-08001, E-07009,Z-07141, P-07028, P-06025A, P-06025,Z03247, P03034,
Z04050. P04009. Z04050A, P05015, P05048
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lAccegt for Initial review letter (z-) WorKing Gays after aDDll:,auon
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1Aceouate for contlnueo review letter (20 working Gays after aDDlicatlon
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IDP,C second week review
IDRC final weer; review 1 -71oqA9I
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i Recommended Recommended Approval Recommended I
App with Conditions Denial
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I of Bozeman
Department of Planning ]d® ® evelopment
evelopment
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Project Name: -P)ko,
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File No: C
Date Activity Staff Staff Cumulative
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THE CITY Or BOZEMAN
20 E. OLIVE• P.O. BOX 1230
Vx BOZEMAN, MONTANA 59771.1230
ENGINEERING DEPARTMENT
CO O� PHONE: (406) 582-2280 • FAX: (406) 582-2263
March 10, 2009
Mr. Clint Litle, PE
DOWL HKM
920 Technology Boulevard, Suite A
Bozeman, MT 59718
Re: West Winds Subdivision—Phase 4 Concurrent Construction and Spring Creek
Alzheimer's Community
Dear Clint,
This letter is in response to your February 26, 2009 letter to Doug Riley regarding the Spring
Creek Alzheimer's Community and West Winds Subdivision Phase 4 concurrent construction.
The requirements of Section 18.74.030 COMPLETION OF IMPROVEMENTS, BMC must be
met for concurrent construction not Section 18.74.060 IMPROVEMENTS AGREEMENTS,
BMC.
Conditional approval of the West Winds PUD Phase 4 Concurrent Construction Plan, File
Number#Z-07284A, was given on July 7, 2008. See the attached letter. Once all of the required
items are provided to the Planning Department and all requirements are deemed to have been
met, concurrent construction will be allowed. Otherwise, all subdivision infrastructure, including
Breeze Lane, must be installed and accepted by the City prior to issuance of a building permit for
the Spring Creek Alzheimer's Community.
Please contact me if you have any questions.
Sincerely,
Susan M. Stodola, P.E.
Project Engineer
cc: Project File
Doug Riley, Associate Planner
cBrian Knueger,Associate Planner
Brian Heaston,Project Engineer
ERF
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
DEPk__ ENT OF PLANNING AND Ct..� NITY DEVELOPMENT
Alfred M. Stt Professional Building
20 East Olive Street phone 406.582.2260
" P.O. Box 1230 fax 406.582-2263
Bozeman, Montana 59771-1230 planning@bozeman.net
www.bozemon.net
July7, 2008
John Dunlap
Cascade Development, Inc.
1627 West Main St., Ste 223
Bozeman, MT 58715.
PLANNING DIRECTOR FINDINGS
File Name: West Winds PUD Phase 4 Concurrent Construction Plan
File Number: #Z-07284A
PURSUANT to Chapter 18.74, BMC, and other applicable sections of Title 18, BMC, a review
of the Concurrent Construction Plan was conducted. The applicant presented to the City a proposed
concurrent construction plan to allow the construction of multi household projects and related site
improvements. The purposes of the concurrent construction plan review were to consider all relevant
evidence relating to public health, safety, welfare, and the other purposes of Title 18, BMC; to evaluate
the proposal against the criteria of Section 18.74.030.D, BMC, and the standards of Title 18, BMC; and
to determine whether the plan should be approved, conditionally approved, or denied.
After receiving the recommendation of the relevant advisory bodies established by Section
18.74.030.D, BMC, and considering all matters of record presented with the application, the Planning
Director has found that the proposed concurrent construction plan, would comply with the requirements
of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of
all matters having come before him regarding this application, the Planning Director makes the
following decision.
The Concurrent Construction Plan has been found to meet the criteria of Title 18, BMC, and is
therefore approved, subject to the conditions listed herein, and the correction of any elements not in
conformance with the standards of the Title. The evidence contained in the submittal materials and
advisory body review,justify the conditions imposed on this development to ensure that the concurrent
construction plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Title 18, BMC.
1. Concurrent Construction shall be limited to the multi-household parcels described as lots 1, 2, 3, and
4 in the concurrent construction plan for West Winds PUD Phase 4 Subdivision.
2. All construction work under concurrent construction within West Winds PUD Phase 4 Subdivision,
including but not limited to subdivision infrastructure and site construction, shall be under the
control of Cascade Development, Inc., as the subdivider, developer and general contractor.
community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS
3. All Financial Guarantees for any uncompleted or unaccepted improvements (including private
sidewalks) in any phase of the West Winds PUD project shall be viable and unexpired prior to final
approval.
• P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. Final Plat approved
September 19, 2005; all sidewalks shall be installed by September 19, 2008.
• P-06043, West Winds 2, First Security Bank, LOC #010600786, expired 07/20/07. Final Plat
approved October 16, 2006; all sidewalks shall be installed by October 16, 2009.
• P-06025, West Winds 3,First Security Bank, LOC #010700127, expired 02/16/08. Final Plat
approved February 26, 2007; all sidewalks shall be installed by February 26, 2010.
4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed
prior to final approval for implementation of concurrent construction and recorded prior to issuance
of any building permits under concurrent construction.
5. The cost of improvements list (Appendix A)needs to:
• Differentiate between 6 foot and 5 foot sidewalks.
• Include improvements to park land—trail, landscaping, irrigation, etc.
• Include boulevard improvements adjacent to park land and major arterial.
• Include street lighting.
6. Provide documentation that insurance policy covers fire hazard as required by 18.74.030.D.5.
7. Correct insurance policy to provide for a 45 day notice as required by 18.74.030.D.5.
8. All onsite and offsite infrastructure, including Breeze Lane, required for the West Winds PUD Phase
4 Subdivision shall be installed and accepted prior to occupancy of any buildings on lots where
concurrent construction is implemented or otherwise, prior to issuance of building permits.
9. A reference to Section 18.74.030D.3 regarding approval of final engineering design, etc shall be
added to the Agreement for Concurrent Construction.
On this 7 day of /1/t-/
, 2008, Andrew C. Epple, AICP; Planning Director,
Approved with onditions this Concu ent Construction plan for and on behalf of the City of Bozeman
as authorized by Section 18.74.030.D, BMC.
The preliminary approval of this concurrent construction plan shall be effective for twelve (12)
monthofrom t e date of approval.
Andrew C. Epple, AICP; Planning Directo
This Planning Director project decision may be appealed filing a notice of appeal with the
Clerk of the Commission for the City of Bozeman, within 4 days after the date of approval as
evidenced by the Planning Director's signature, by following the procedures of Section 18.66.030,
BMC.
Cc: Clint Litle, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718
Page 2
'fL
OOWL H KM*
February 26, 2008 D _�
Rec. No. 452810010.01
DEP
AND MUNlirypLOP
City of Bozeman .._-.__ PLAN
Planning Department - — - MEENI
Doug Riley
P.O. Box 1230
Bozeman, MT 59715
RE: Spring Creek Alzheimer's Community
Dear Mr. Riley:
As you are aware, we are wrapping up final site plan approval for the Spring Creek Alzheimer's
Community. With receipt of that approval, the owner would like to submit for building permit; hence,
I have been working on the concurrent construction materials. In so doing, I have reviewed the
appropriate sections of the UDO and the Phase 4 Improvement Agreement.
It is my finding that the existing Phase 4 concurrent construction approval may not need to be invoked.
Based o 18.74 0 IMPROVEMENTS AGREEMENT, subsection B(1.), which states in bold:
No building permits will be issued for a subdivision within the City until all required
water, sewer, storm drainage and street gravel courses are installed and accepted unless
otherwise provided for in development proposals occurring under the provisions of
chapter 18.36, BMC,;Planned Unit development (PUD), and pursuant to the criteria
established in 0.714.030-M>
To review the status of Phase 4 subdivision infrastructure improvements:
The subdivision has an improvements agreement in place filed with the Clerk and Recorders
Office. The agreement is financially guaranteed by two letters of credit from First Security
Bank of Bozeman. Sime Construction is under contract to construct the Phase 4 infrastructure
and to date has installed the water system, sewer system, storm drainage system and street sub-
base gravel course. The installation of these facilities was observed by a full time DOWL
HKM resident project representative. The water and sewer installations have been tested,
certified and accepted by the City. The work completed to date by Sime Construction has been
paid in full, and the remaining work(hardscape) is guaranteed by escrow held by first Security
Bank; essentially the remaining work is bonded 2.5 times (1.5 times by City LOC, 1 time by
escrow).
406-586.8834 ■ 406-586-1730(fax) ■ 920 Technology Boulevard,Suite A ■ Bozeman,Montana 59718 ■ www.dowlhkm.com
Alaska-Anchorage,Juneau,Palmer ■ Arizona-Tucson,Phoenix ■ Montana-Billings,Bozeman,Butte,Great Falls,Helena,Miles City
Washington-Seattle • Wyoming-Lancer,Laramie,Sheridan
• Page 2 of 2
H:\28\10010\01\090226_DR co ent construction.docm
Based on our understanding, the requirements of 18.74.060 have been met and therefore the Spring
Creek Alzheimer's Community should be allowed to proceed with building permit review and
issuance. It is understood that occupancy may not be allowed until all Phase 4 improvements are
completed. We believe that to require full concurrent construction at this time would over complicate
the project, and could possibly cause unneeded delay and expense.
Your response to our finding would be greatly appreciated. If you have any questions or need
additional information, please feel free to contact our office at (406) 586-8834.
Sincerely,
DOWL HKM
I
C ' itle, P.E.
Project Manager
0
i
CITY '" BOZEMAN
y DEPAMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street phone 406.582.2260
P.O. Box 1230 fax 406-582-2263
Bozeman, Montana 59771-1230 planning@bozemon.net
www.bozemon.net
July7, 2008
John Dunlap
Cascade Development, Inc.
1627 West Main St., Ste 223
Bozeman, MT 58715.
PLANNING DIRECTOR FINDINGS
File Name: West Winds PUD Phase 4 Concurrent Construction Plan
File Number: #Z-07284A
PURSUANT to Chapter 18.74, BMC, and other applicable sections of Title 18, BMC, a review
of the Concurrent Construction Plan was conducted. The applicant presented to the City a proposed
concurrent construction plan to allow the construction of multi household projects and related site
improvements. The purposes of the concurrent construction plan review were to consider all relevant
evidence relating to public health, safety, welfare, and the other purposes of Title 18, BMC; to evaluate
the proposal against the criteria of Section 18.74.030.D, BMC, and the standards of Title 18, BMC; and
to determine whether the plan should be approved, conditionally approved, or denied.
After receiving the recommendation of the relevant advisory bodies established by Section
18.74.030.D, BMC, and considering all matters of record presented with the application, the Planning
Director has found that the proposed concurrent construction plan, would comply with the r-.quirements
of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of
all matters having come before him regarding this application, the Planning Director makes the
following decision.
The Concurrent Construction Plan has been found to meet the criteria of Title 18, BMC, and is
therefore approved, subject to the conditions listed herein, and the correction of any elements not in
conformance with the standards of the Title. The evidence contained in the submittal materials and
advisory body review,justify the conditions imposed on this development to ensure that the concurrent
construction plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Title 18, BMC.
1. Concurrent Construction shall be limited to the multi-household parcels described as lots 1, 2, 3, and
4 in the concurrent construction plan for West Winds PUD Phase 4 Subdivision.
2. All construction work under concurrent construction within West Winds PUD Phase 4 Subdivision,
including but not limited to subdivision infrastructure and site construction, shall be under the
control of Cascade Development, Inc., as the subdivider, developer and general contractor.
community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS
0
3. All Financial Guarantees for any uncompleted or unaccepted improvements (including private
sidewalks) in any phase of the West Winds PUD project shall be viable and unexpired prior to final
approval.
• P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. Final Plat approved
i September 19, 2005; all sidewalks shall be installed by September 19, 2008.
• P-06043, West Winds 2, First Security Bank, LOC #010600786, expired 07/20/07. Final Plat
approved October 16, 2006; all sidewalks shall be installed by October 16, 2009.
• P-06025, West Winds 3,First Security Bank, LOC #010700127, expired 02/16/08. Final Plat
approved February 26, 2007; all sidewalks shall be installed by February 26, 2010.
4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed
prior to final approval for implementation of concurrent construction and recorded prior to issuance
of any building permits under concurrent construction.
5. The cost of improvements list (Appendix A) needs to:
• Differentiate between 6 foot and 5 foot sidewalks.
• Include improvements to park land—trail, landscaping, irrigation, etc.
• Include boulevard improvements adjacent to park land and major arterial.
• Include street lighting.
6. Provide documentation that insurance policy covers fire hazard as required by 18.74.030.D.5.
7. Correct insurance policy to provide for a 45 day notice as required by 18.74.030.D.5.
8. All onsite and offsite infrastructure, including Breeze Lane, required for the West Winds PUD Phase
4 Subdivision shall be installed and accepted prior to occupancy of any buildings on lots where
concurrent construction is implemented or otherwise, prior to issuance of building permits.
I
9. A reference to Section 18.74.030D.3 regarding approval of final engineering design, etc shall be
added to the Agreement for Concurrent Construction.
On this day of L111/`' , 2008, Andrew C. Epple, AICP; Planning Director,
i Approved with 6onditions this Conc ent Construction plan for and on behalf of the City of Bozeman
as authorized by Section 18.74.030.D, BMC.
The preliminary approval of this concurrent construction plan shall be effective for twelve (12)
month rom t e date of approval.
Andrew C. Epple, AICP; Planning Director
This Planning Director project decision may be appealed filing a notice of appeal with the
Clerk of the Commission for the City of Bozeman, within 4 days after the date of approval as
evidenced by the Planning Director's signature, by following the procedures of Section 18.66.030,
BMC.
Cc: Clint Litle, HKM Engineering, Inc., 920 Technology Blvd., Ste A, Bozeman, MT 59718
Page 2
• • ,
MEMORANDUM
To: DRC Members
From: Lanette Windemaker, AICP; Contract Planner
Sue Stodola, Project Engineer
Date: July 2, 2008 —Final Week Review
Re: West Winds PUD Phase 4 Concurrent Construction (#Z-07284A)
1. Concurrent Construction shall be limited to the multi-household parcels described as lots 1, 2, 3,
and 4 in the concurrent construction plan for West Winds PUD Phase 4 Subdivision.
2. All construction work under concurrent construction within West Winds PUD Phase 4 Subdivision,
including but not limited to subdivision infrastructure and site construction, shall be under the
control of Cascade Development, Inc., as the subdivider, developer and general contractor.
3. All Financial Guarantees for any uncompleted or unaccepted improvements (including private
sidewalks) in any phase of the West Winds PUD project shall be viable and unexpired prior to final
approval.
• P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. Final Plat approved
September 19, 2005; all sidewalks shall be installed by September 19, 2008.
• P-06043, West Winds 2, First Security Bank, LOC #010600786, expired 07/20/07. Final Plat
approved October 16, 2006; all sidewalks shall be installed by October 16, 2009.
• P-06025, West Winds 3, First Security Bank, LOC #010700127, expired 02/16/08. Final Plat
approved February 26, 2007; all sidewalks shall be installed by February 26, 2010.
4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed
prior to final approval for implementation of concurrent construction and recorded prior to issuance
of any building permits under concurrent construction.
5. The cost of improvements list (Appendix A) needs to:
• Differentiate between 6 foot and 5 foot sidewalks.
• Include improvements to park land—trail, landscaping, irrigation, etc.
• Include boulevard improvements adjacent to park land and major arterial.
• Include street lighting.
6. Provide documentation that insurance policy covers fire hazard as required by 18.74.030.D.5.
7. Correct insurance policy to provide for a 45 day notice as required by 18.74.030.D.5.
8. All onsite and offsite infrastructure, including Breeze Lane, required for the West Winds PUD
Phase 4 Subdivision shall be installed and accepted prior to occupancy of any buildings on lots
wher concurrent construction s.amplemented or otherwise, prior to issuance of building permits.
ft/ ce
9. A tdagmg to Section 18.74.03 .3 regarding approval of final engineering design, etc shall be
added to the Agreement for Con urrent Construction.
1
MEMORANDUM
To: DRC Members
From: Lanette Windemaker, AICP; Contract Planner
Sue Stodola, Project Engineer
Date: July 2, 2008 —Final Week Review
Re: West Winds PUD Phase 4 Concurrent Construction (#Z-07284A)
1. Concurrent Construction shall be limited to the multi-household parcels described as lots 1, 2, 3,
and 4 in the concurrent construction plan for West Winds PUD Phase 4 Subdivision.
2. All construction work under concurrent construction within West Winds PUD Phase 4 Subdivision,
including but not limited to subdivision infrastructure and site construction, shall be under the
control of Cascade Development, Inc., as the subdivider, developer and general contractor.
3. All Financial Guarantees for any uncompleted or unaccepted improvements (including private
sidewalks) in any phase of the West Winds PUD project shall be viable and unexpired prior to final
approval.
• P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. Final Plat approved
September 19, 2005; all sidewalks shall be installed by September 19, 2008.
• P-06043, West Winds 2, First Security Bank, LOC #010600786, expired 07/20/07. Final Plat
approved October 16, 2006; all sidewalks shall be installed by October 16, 2009.
• P-06025, West Winds 3, First Security Bank, LOC #010700127, expired 02/16/08. Final Plat
approved February 26, 2007; all sidewalks shall be installed by February 26, 2010.
4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed
prior to final approval for implementation of concurrent construction and recorded prior to issuance
of any building permits under concurrent construction.
5. The cost of improvements list(Appendix A) needs to:
• Differentiate between 6 foot and 5 foot sidewalks.
• Include improvements to park land—trail, landscaping, irrigation, etc.
• Include boulevard improvements adjacent to park land and major arterial.
• Include street lighting.
6. Provide documentation that insurance policy covers fire hazard as required by 18.74.030.D.5.
7. Correct insurance policy to provide for a 45 day notice as required by 18.74.030.D.5.
8. All onsite and offsite infrastructure, including Breeze Lane, required for the West Winds PUD
Phase 4 Subdivision shall be installed and accepted prior to occupancy of any buildings on lots
where concurrent construction is implemented or otherwise,prior to issuance of building permits.
9. A referring to Section 18.74.030D.3 regarding approval of final engineering design, etc shall be
added to the Agreement for Concurrent Construction.
1
MEMORANDUM
To: DRC Members
From: Lanette Windemaker, AICP; Contract Planner
Sue Stodola, Project Engineer
Date: July 2, 2008 —Final Week Review
Re: West Winds PUD Phase 4 Concurrent Construction (#Z-07284A)
1. Concurrent Construction shall be limited to the multi-household parcels described as lots 1, 2, 3,
and 4 in the concurrent construction plan for West Winds PUD Phase 4 Subdivision.
2. All construction work under concurrent construction within West Winds PUD Phase 4 Subdivision,
including but not limited to subdivision infrastructure and site construction, shall be under the
control of Cascade Development, Inc., as the subdivider, developer and general contractor.
3. All Financial Guarantees for any uncompleted or unaccepted improvements (including private
sidewalks) in any phase of the West Winds PUD project shall be viable and unexpired prior to final
approval.
• P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. Final Plat approved
September 19, 2005; all sidewalks shall be installed by September 19, 2008.
• P-06043, West Winds 2, First Security Bank, LOC #010600786, expired 07/20/07. Final Plat
approved October 16, 2006; all sidewalks shall be installed by October 16, 2009.
• P-06025, West Winds 3, First Security Bank, LOC #010700127, expired 02/16/08. Final Plat
approved February 26, 2007; all sidewalks shall be installed by February 26, 2010.
4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed
prior to final approval for implementation of concurrent construction and recorded prior to issuance
of any building permits under concurrent construction.
5. The cost of improvements list (Appendix A)needs to:
• Differentiate between 6 foot and 5 foot sidewalks.
• Include improvements to park land—trail, landscaping, irrigation, etc.
• Include boulevard improvements adjacent to park land and major arterial.
• Include street lighting.
6. Provide documentation that insurance policy covers fire hazard as required by 18.74.030.D.5.
7. Correct insurance policy to provide for a 45 day notice as required by 18.74.030.D.5.
8. All onsite and offsite infrastructure, including Breeze Lane, required for the West Winds PUD
Phase 4 Subdivision shall be installed and accepted prior to occupancy of any buildings on lots
where concurrent construction is implemented or otherwise, prior to issuance of building permits.
9. A referring to Section 18.74.030D.3 regarding approval of final engineering design, etc shall be
added to the Agreement for Concurrent Construction.
1
MEMORANDUM
To: DRC Members
From: Lanette Windemaker, AICP; Contract Planner
Sue Stodola, Project Engineer
Date: July 2, 2008 —Final Week Review
Re: West Winds PUD Phase 4 Concurrent Construction (#Z-07284A)
1. Concurrent Construction shall be limited to the multi-household parcels described as lots 1, 2, 3,
and 4 in the concurrent construction plan for West Winds PUD Phase 4 Subdivision.
2. All construction work under concurrent construction within West Winds PUD Phase 4 Subdivision,
including but not limited to subdivision infrastructure and site construction, shall be under the
control of Cascade Development, Inc., as the subdivider, developer and general contractor.
3. All Financial Guarantees for any uncompleted or unaccepted improvements (including private
sidewalks) in any phase of the West Winds PUD project shall be viable and unexpired prior to final
approval.
• P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. Final Plat approved
September 19, 2005; all sidewalks shall be installed by September 19, 2008.
• P-06043, West Winds 2, First Security Bank, LOC #010600786, expired 07/20/07. Final Plat
approved October 16, 2006; all sidewalks shall be installed by October 16, 2009.
• P-06025, West Winds 3, First Security Bank, LOC #010700127, expired 02/16/08. Final Plat
approved February 26, 2007; all sidewalks shall be installed by February 26, 2010.
4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed
prior to final approval for implementation of concurrent construction and recorded prior to issuance
of any building permits under concurrent construction.
5. The cost of improvements list (Appendix A) needs to:
• Differentiate between 6 foot and 5 foot sidewalks.
• Include improvements to park land—trail, landscaping, irrigation, etc.
• Include boulevard improvements adjacent to park land and major arterial.
• Include street lighting.
6. Provide documentation that insurance policy covers fire hazard as required by 18.74.03C,.D.5.
7. Correct insurance policy to provide for a 45 day notice as required by 18.74.030.D.5.
8. All onsite and offsite infrastructure, including Breeze Lane, required for the West Winds PUD
Phase 4 Subdivision shall be installed and accepted prior to occupancy of any buildings on lots
where concurrent construction is implemented or otherwise, prior to issuance of building permits.
9. A referring to Section 18.74.030D.3 regarding approval of final engineering design, etc shall be
added to the Agreement for Concurrent Construction.
1
MEMORANDUM
To: DRC Members
From: Lanette Windemaker, AICP; Contract Planner
Sue Stodola, Project Engineer
Date: July 2, 2008 —Final Week Review
Re: West Winds PUD Phase 4 Concurrent Construction (#Z-07284A)
1. Concurrent Construction shall be limited to the multi-household parcels described as .lots 1, 2, 3,
and 4 in the concurrent construction plan for West Winds PUD Phase 4 Subdivision.
2. All construction work under concurrent construction within West Winds PUD Phase 4 Subdivision,
including but not limited to subdivision infrastructure and site construction, shall be under the
control of Cascade Development, Inc., as the subdivider, developer and general contractor.
3. All Financial Guarantees for any uncompleted or unaccepted improvements (including private
sidewalks) in any phase of the West Winds PUD project shall be viable and unexpired prior to final
approval.
• P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. Final Plat approved
September 19, 2005; all sidewalks shall be installed by September 19, 2008.
• P-06043, West Winds 2, First Security Bank, LOC #010600786, expired 07/20/07. Final Plat
approved October 16, 2006; all sidewalks shall be installed by October 16, 2009.
• P-06025, West Winds 3, First Security Bank, LOC #010700127, expired 02/16/08. Final Plat
approved February 26, 2007; all sidewalks shall be installed by February 26, 2010.
4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed
prior to final approval for implementation of concurrent construction and recorded prior to issuance
of any building permits under concurrent construction.
5. The cost of improvements list (Appendix A)needs to:
• Differentiate between 6 foot and 5 foot sidewalks.
• Include improvements to park land—trail, landscaping, irrigation, etc.
• Include boulevard improvements adjacent to park land and major arterial.
• Include street lighting.
6. Provide documentation that insurance policy covers fire hazard as required by 18.74.030.D.5.
7. Correct insurance policy to provide for a 45 day notice as required by 18.74.030.D.5.
8. All onsite and offsite infrastructure, including Breeze Lane, required for the West Winds PUD
Phase 4 Subdivision shall be installed and accepted prior to occupancy of any buildings on lots
where concurrent construction is implemented or otherwise, prior to issuance of building permits.
9. A referring to Section 18.74.030D.3 regarding approval of final engineering design, etc shall be
added to the Agreement for Concurrent Construction.
1
DOELOPMENT REVIEW COMMIT�E
UPSTAIRS CONFERENCE ROOM,
ALFRED STIFF PROFESSIONAL BUILDING,20 EAST OLIVE STREET
WEDNESDAY,JULY 2,2008
10:00 A.M.
ITEM 1. CALL TO ORDER
ITEM 2. FINAL WEEK REVIEW
1. West Winds Ph.IV PUD Concurrent Const. #Z-07284A (Windemaker/Stodola)
Oak St./N. 27th Ave.
* A concurrent construction request to allow the construction of private
facilities concurrently with the construction of public infrastructure.
ITEM 3. SECOND WEEK REVIEW
1. Bozeman Village II SP #Z-08132 (Krueger/Heaston)
Northwest of the intersection of Hunters Way and Breeze Lane
* A Site Plan Application to allow the construction of a senior housing
development that includes 22 memory care beds, 30 assisted living units,
13 transitional living units, and three duplex cottages with related site
improvements.
2. City Landfill Shops SP #Z-08131 (Krueger/Johnson)
2143 Story Mill Road
* A Site Plan Application to allow the construction of a 5,403 sq. ft. addition
to the existing structure with related site improvements.
ITEM 4. PUBLIC COMMENT—(15 —20 minutes)
{Limited to any public matter, within the jurisdiction of the Development Review
Committee, not on this agenda. Three-minute time limit per speaker.}
ITEM 5. ADJOURNMENT
"This meeting is open to all members of the public. If you have a disability that requires assistance,please contact—
ADA Coordinator,Ron Brey,at 582-2306(voice)or 582-2301(TDD).
1
� 6 � - Ala l�
RIN E E . I r, .4.
920 Technology Boulevard
Suite A
June 6, 2008 Bozeman, MT 59718
H:\04\SO67125\ConcLirtent:Construction\Concurrent construction Plan Transmittal 6-6-08.doc Phone: 406.586.8834
Fax: 406.586.1730
www.hkminc.com
Lanette Windemaker
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771
' ILL
JIUN 06 2008 j
RE: West Winds PUD
Subdivision Phase 4 DEPAF T iNIEN'h!
AND C'ONI Vii NIT.LEJELOPivitNT
Concurrent Construction Plan
Dear Lanette: —
-9A
:. Attached for:your review..and distribution:are 12 copies of the Concurrent Construction
Plan for West Winds Phase:IV' Please schedule for DRC as soon as possible.
If there are any questions"or concerns please feel free to contact our office.
Sincerely,
HKM Engineering, Inc.
Clint Litle, P.E.
Senior Project Manager
cc: Cascade Development
BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING
406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285
1 •
West Winds Planned Community
1
Phase IV
Concurrent Construction Plan
1
1
1 \
1
' Prepared for:
' Cascade Development Inc
1627 West Main
1 Street, Suite 223
Bozeman, MT 59715
1
Prepared by:
.1
ENGIN E E RING
1
1 June 2008
1
1 • •
1 ENGINE E R I N G
June 6, 2008 920 Technology Boulevard
H:\04\S067125\Concurrent Construction\Concurrent construction Plan 6-6-08.doc Suite A
1 Bozeman, MT 59718
Phone: 406.586.8834
Lanette Windemaker Fax: 406.586.1730
City of Bozeman www.hkminc.com
P.O. Box 1230
Bozeman, MT 59771
RE: West Winds PUD
Subdivision Phase 4
1 Concurrent Construction Plan
Dear Lanette:
' As required by Section 18.74.030.D.13 of the UDO, the following Concurrent
Construction Plan is for the West Winds Phase IV Subdivision. This plan is to allow for
' the-submittal, review and construction of private facilities concurrent with the
construction of public infrastructure within dedicated public right-of-way, easements and
park areas.
' Current construction was requested with the preliminary plat application for Phase IV
Subdivision(Appendix SD-11).
' The following is an item by item response to 18.74.030.D:
' 1. Phase IV Subdivision is a part of the approved West Winds Planned Unit
Development;
' 2. Attached in Appendix `B" are draft concurrent construction and hold harmless
agreements provided by the City Planning Office. The agreements have been
reviewed by the subdivider and found acceptable. Upon approval of this plan the
1 subdivider will execute said agreements.
3. Applicant agrees to this condition. HKM Engineering is in the process of
finalizing the engineering reports and plans for City and MDEQ approval;
' 4. Applicant agrees to this condition;
5. Attached in Appendix "C"is an insurance certificate for fire hazard and liability;
6. The applicant recognizes, acknowledges, and assumes the increased risk of loss
' because certain public services do not exist at the site;
7. The applicant agrees to enter into said agreement. Draft agreements provided by
the City Planning Office are included in Appendix `B".
8. The applicant agrees to no occupancy within Phase IV until the required
infrastructure improvements have been completed and inspected, and accepted by
the City and a certificate of occupancy has been issued;
9. The applicant agrees to enter into said agreement, see Appendix `B" for draft
' agreements;
10. The applicant agrees to enter into said agreement, see Appendix `B" for draft
agreements;
BILLINGS,MONTANA": BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING
406.656.6399 '`406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285
' 11. Applicant agrees to this condition; and
12. Applicant agrees to this condition. The project is under the control of a single
' developer—Cascade Development. All work will be under supervision of a
single general contractor—Cascade Homes. It is agreed that there will be no third
party builders until the required infrastructure improvements have been
' completed, and inspected and accepted by the City.
13. This plan to meet requirement.
' Plan Objectives and Schedule
As mentioned above the intent of this plan is to allow for the submittal, review and
construction of private facilities concurrent with the construction of public infrastructure.
Specifically, the concurrent construction will be limited to the large parcels identified as
' parcels 1 through 4 on the attached Concurrent Construction Plan (Appendix "A").
Concurrent construction is not requested for the single family parcels on Hunters Way.
The engineering reports for Phase 1V Subdivision have been submitted to Engineering for
review with approval anticipated the week of 6-9-08. Upon approval of the engineering
' reports the public infrastructure plans will be submitted to Engineering and MDEQ using
self certification checklists. Infrastructure plan approval is estimated for the week of 6-
23-08. With public infrastructure plan approval we will move directly to pre-
construction meeting and construction of the facilities. The Infrastructure required for
Phase IV is limited and is scheduled for completion 9-3-08, with acceptance to follow
' shortly there after.
Concurrent with the above public infrastructure process, the final plat application for
' Phase IV Subdivision will be submitted. All public infrastructure improvements will be
financially guaranteed to permit the filing of the final plat.
Also concurrent with the above public infrastructure and final plat processes will be the
submittal of the site plans for parcels 1 through 4 for site plan review and approval as he
initial step in the concurrent construction process.
' Attached in Appendix "D" is correspondence between HKM Engineering and Andy
Epple memorializing the above concurrent construction processes.
' If there are any questions or concerns please feel free to contact our office.
Sincerely,
HKM Engineering, Inc.
I
Clint Litle, P.E.
' Senior Project Manager
' cc: Cascade Development
Table of Contents
• Appendix "A"—Concurrent Construction Plan
• Appendix `B"—Draft Agreements/Engineer's Estimates
' • Appendix "C"—Insurance Certificate
' • Appendix "D"—Correspondence
1
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Appendix "A"—Concurrent construction Plan
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CENTER OF S. 2
LEGEND WES T WINDS COMMUNITY
NW 114 SECT/ON 2, T.2.S., R.S.E., P.M.M.
r aGALLA TIN COUNTY, MONTANA
I ENGINEERING A11111111111111
HKM EngIneedng Inc. AREAS OF CONCURRENT
A' Nopper Technolgy Bldg CONSTRUCTION PHASE 4
920 Technology Blvd,Suite A
In CONCURRENT CONSTRUCTION
Bozeman,MT 59718
&WU PLAN
(406)586.8834
FAX(406)586-1730
PR01JECT NO.04SD87.125
.do feetF DAM JIUKE,20M
Copyright 0 2D08 KM Engineering Ina.AD Rights Revervoti.
1 � �
Appendix `B"—Draft Agreements/Engineer's Estimates
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Inter-office Original to:
' City of Bozeman
Planning Department
P.O. Box 1230
Bozeman,MT 59771-1230
w
i
CONCURRENT INSTALLATION OF INFRASTRUCTURE
HOLD HARMLESS AGREEMENT
WEST WINDS PHASE 4 PUD SUBDIVISION
This agreement is made and entered in to this . 3m00�8, by and
between Cascade Development, Inc., John M. Dunlap, President, 1627�West Main Street, #223
' Bozeman, MT 59715, hereinafter referred to as "Subdivider" and the City:-of Bozeman, a
Municipal Corporation of the State of Montana, hereinafter called the"City
' 1. The Subdivider agrees to release, indemnify and }hold harmle s the City, its
officers, directors, agents and employees:from and against any' suit, cause of action, claim, cost,
�,
expenses, obligation, and liability of any charact'ers,,including attorney's fees, which are brought
or asserted for any injury, death, or physical damage to property received or sustained by any
" '�
person, persons, property;'bustness or any other entity, arising out of or resulting from, or in
M �
' connection with the i nuance of4building permits pursuant to the approved Planned Unit
iw fi� .aA kf�y�✓w �S.,
Development for West WindssPhase`4 PUD Major Subdivision, and the City of Bozeman
Mumctpal`Code Secriori;l 8 74 0 b D
6 `� A.
Subdivider agrees to defend the City, its officers, directors, agents and employees,
should City,�its officers directors, agents or employees be named as a defendant in any actions
concerning the issuance of building permits described herein. The obligations of the Subdivider
to release, defend, indemnify and hold harmless the City, will apply to any suit, cause of action,
t-
claim, cost or obligation including, without limitation, those alleged under the common law or
' West Winds Phase 4 PUD Subdivision(Z-07284/P-07028A)Hold Harmless Agreement
pursuant to a federal or state statute or regulation such as those arising in tort, trespass, nuisance
' and strict liability.
3. In the event the City is found proportionately responsible, the Subdivider will be
held responsible for only those damages, costs or liabilities as are attributable to the Subdivider's
percent of fault as compared with 100% of the fault, giving rise to the,damages. The indemnity
required herein shall not be limited by reason of the specificaton:''of any particular insurance
coverage of this agreement.
J
g �'
v 4„
4. Should either the City or the Subdivide&be held responsible for any damages,
costs or liabilities resulting from an intentional act�by. an officer, director, agent or,employee in
connection with the work specified in this agreement, then inj-hat"event, that party shallrelease,
indemnify and hold harmless the other as to any damages,'costs or liabilities that result from or
arise out of that intentional act including reasonable attorney's fe'essl and,costs which shall include
costs and salary of the city attorney or other in house counsel .i'Further, notwithstanding the
obligations set forth in paragraph. 3 above, the Subdivider agrees to defend the City against all
allegations of intentional acts (However, should the City be found responsible due to an
intentional -act by its officer .director :agent or employee, then in that event the City agrees to
reimburse Subdivider for reasonable attorneys fees and costs incurred in that defense.
h b. CORPORATION
' x ' Cascade Development, Inc.
John M. Dunlap, President
L k
' STATE OF MONTANA' )
ss
County of Gallatin )
On this day of , 2008, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared John M. Dunlap, known to me to be the
President of Cascade Development, Inc., the corporation that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said corporation.
West Winds Phase 4 PUD Subdivision (Z-07284/P-07028A)Hold Harmless Page 2 of 3
r
IN WITNESS WHEREOF I have hereunto set m hand and affixed m Notarial Seat the da
Y Y Y
and year first above written.
(Signature above)
(Seal) (Printed Name above)
Notary Public for State of Montana
Residing at: J.
Commission Expires:,if> "
(Use:4`''digits for expiration year)
THE-A.,
I. TY OF BOZEMAN
Andrew C. Epple AICP
t� Planning Directort�
STATE OF MONTANA
ss � V$t' r.
s,t�e1,i`J
County of Gallatin ) x r "'
On this day of � , 20" before me, a Notary Public for the State of
,7 Montana, personally appeared Andrew C. Epple, AICP; known to me to be the person described
in and who executed the `foregoing;instrument asPlanning Director of the City of Bozeman,
whose name is;'subscnbed to"the within instrument and acknowledged to me that he executed the
on same for and behahf of said City
IN WITNESS WHEREOFIhave hereunto set my hand and affixed my seal on the day and year
first written:-;above. � a
N? HHH; C
4Ra .f_t
(Signature above)
Yrq,4 •j1
' (Seal) "" (Printed Name above)
Notary Public for State of Montana
Residing at:
' Commission Expires:
(Use 4 digits for expiration year)
West Winds Phase 4 PUD Subdivision(Z-07284/P-07028A)Hold Harmless Page 3 of 3
1 •
Inter-office Original
City of Bozeman
' Planning Department
P.O.Box 1230
Bozeman,MT 59771=1230
1
AGREEMENT FOR CONCURRENT CONSTRUCTION IN
WEST WINDS PHASE 4 PUD SUBDIVISION
THIS AGREEMENT is made and entered into this day o ,2Q ffl,by and
between Cascade Development, Inc., John M. Dunlap, Presiden 1627Vest Main Street #223
Bozeman, MT 59715, hereinafter called the "Subdivider:%!"nd the City of;Bozeman, a Municipal
Corporation and political subdivision of the State of M6ntana,with offices at 411,East Main Street,
AN
P.O. Box 1230, Bozeman, MT 59771-1230, herel-hafftef called the "City". y
WHEREAS, it is the intent of the Subdivider to'"obtain building permits to proceed with
It
development of West Winds Phase 4 PUD Subdivision prior, to installation of all required
r' subdivision improvements in accordance with`Section.l 8.74.030 D of the-Bozeman Municipal Code;
and
, c r .
WHEREAS, it is the`i'ntent and purpose of both the Subdivider and the City to hereby enter
' into an Agreement which will guarantee the fill and satisfactory completion of the required
r w Y
improvements,related withthe property hereinafter de"scribed,and it is the intent of this Agreement,
' and of the parties:hereto, to satisfy the improvements guarantee requirements.
NOW,THEREFORE, in corisideration of the mutual covenants and conditions contained
' herein;rt is hereby agreed as follows r
1. Property Description : ;V
'Py
.t
This Agreement'pertains to and includes those properties which are designated as R-3 (Residential
Medium Density District)'on+the City of Bozeman Zoning Map,and is legally described as a_portion
' of the NW 1/4,Section-2,T2S,R5E,PMM,City of Bozeman Gallatin County,Montana,consisting
of 5 single household lots and 4 multi household lots located north of the intersection of Windward
West Winds Phase 4 PUD Subdivision (Z-07284/P-07028A)Concurrent Construction
Avenuean k Street, as proposed the Preliminary f W Win Phase 4 PUD d Oa S pop by ary Plato West Winds �
Subdivision, subject to all existing easements or record or of fact.
2. Improvements and Time for Completion of Improvements
! This Agreement specifically includes a Str<e'et pr®wein'entsb)Parkl den Space�Improi eznents,
)RDraae %�ernentsd)Sicl walks ande�Oaffsitei}E ®vernents. The Estimated Cost of said
! improvements has been estimated by HKM Engineering Inc., 920xTechnology Blvd., Ste A,
Bozeman, MT 59718, at ou`sat ,` Huncire,,dXdol]arsanxd-
cents (NO � and is attached and made a part of this Agreement, as Exhibit A.
The Subdivider hereby agrees that the improvements will�66 completed witl n four(4)years of the
date of initial Preliminary Plat approval by the City Commission,October 7,20�07,in order to avoid
default on the method of security. w; _ ;
3. Financial Guarantee
5..y6 Zy
It is the Subdivider's intent with this Agreement to obtain building,permits prior to completion of all
required subdivision improvements. Therefore,this Agreement shall be secured by a financial
guarantee in the form of a Letter of Credit issued byeffl. B n3k. dated. Mont' :d°a� 2008� ui
:thousand J Iundreil . A -� 1 �s .MO �.;k,' cu61M,r
4 , Z..
xxa),which is more than one�hundred and'fi=fty(150)percent of the Estimated Cost of said
improvements.
The financial#guarantee shall`'b�e an full force`arid effective until the work is completed by the
Subdivider and accepted byathe Cityof Bozeman. Said financial security shall be in the form of a
surety bond,certificate of de"osit or ca, sh.
b�-5? p
4. Inspection; }
! Representatives 0111, City sl%all have the right to enter upon the property at any reasonable time in
order to inspect it an to.determine if the Subdivider is in compliance with this Agreement,and the
Subdivider shall permit the City and its representatives to enter upon and inspect the property at any
reasonable time.
! 5. Default
Time is of the essence for this Agreement. If the Subdivider shall default in or fail to fully perform
! any of its obligations in conformance with the time schedule under this Agreement,and such default
or failure shall continue for a period of thirty(30)days after written notice specifying the default is
! West Winds Phase 4 PUD Subdivision(Z-07284/P-07028A)Concurrent Construction Page 2 of 8
deposited in the United States mail addressed to the Subdivider at Cascade Development,Inc ,Jo
hn
M. Dunlap,President, 1627 West Main Street,#223,Bozeman,MT 59715,or such other address as
the Subdivider shall provide to the City from time to time, without being completely remedied,
' satisfied, and discharged, the City may elect to enforce any of the following specified remedies:
a. The City may, at its option,declare the financial guarantee to be forfeited and secure the
' complete construction and inspection of the improvements described herein. The City's
representative, contractors, and engineers shall have the right to enter upon the property
and perform such work and inspection, and the Subdividers shall permit and secure any
additional permission required to enable them toF,do so �In, he event that any funds
remain from the financial guarantee upon completion of all i provements, such funds
shall be promptly returned to the Subdivider. `
b. The City may enforce any other remedy provided by law. ZV
6. Indemnification
The Subdivider shall indemnify,hold harmless, and defend theCrty of Bozeman against any and all
claims, at Subdivider's own expense, arising out of or resulting from the acts or omissions of
Subdivider or its agents, employees, or contractors, whether negligent or otherwise, in connection
with the performance of work described in this age ment. The City shall be responsible for any
Af
claims arising from negligence,or willful misconduct on t�e=part of the City or its agents or
f . 1`a
employees,except the Subdividert �:sh. all be responsible for those claims of negligence and misconduct
4. ,rTIL
arising from the Subdivider;its agents,or employees not providing to the Municipality,its agents or
employees,information relevant to the subject matter of this agreement.The parties shall cooperate
y �ti<a in the defense of;Claims and Isliall furnish records, information, and testimony and attend
proceedings, as may be reasonably necessary.
7. Attorne 's..Fees '
In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce
any of the terms orsconditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs,including fees, salary and costs of in-house counsel including
' City Attorney.
8. Warranty
The Subdivider shall warrant against defects of all improvements and that these improvements are
rmade in a good and workman-like manner for a period of two(2)years from the date of their written
acceptance by the Governing Body.
' West Winds Phase 4 PUD Subdivision (Z-07284/P-07028A)Concurrent Construction Page 3 of 8
' 9 Governing Law
This Agreement shall be construed according to the laws of the State of Montana. In the event of
litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin
' County, State of Montana.
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless''evidenced by a writing by
the parties hereto.
11. Invalid Provision
L r SM
The invalidity or unenforceability of any provision of this`-Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in,all respects as if.such invalid or
unenforceable provision were omitted.
12. No Assignment `
It is expressly agreed that the Subdivider shall not assign this Agreement in whole,or in part,without
as v
prior written consent of the City.
13. Successors _ �*
Except as provided in paragrph`12, this Agreement shall be binding upon, enure to the benefit of,
and be enforceable by"t e parties h reto and their respective heirs, successors and assigns.
14. Incremental Issuance of.Building Permits
The Subdivider,ui accordance with the teens of Section 18.74.030.D.4 of the Bozeman Municipal
Code,recotgnizes and dcknowledges that building permits may be issued incrementally,dependent on
the status�'of installation of the infrastructure improvements, for West Winds Phase 4 PUD
Subdivision u .
' 15. Supplemental:Tire Hazard and Liability Insurance
The Subdivider,in accordance with the terms of Section 18.74.030.D.5 of the Bozeman Municipal
Code, will provide and maintain fire hazard and liability insurance with the City named as an
additional insured.
16. Acknowledgement of Increased Risk
The Subdivider acknowledges in accordance with the terns of Section 18.74.030.D.6 of the
rBozeman Municipal Code,recognizes,acknowledges and assumes the increased risk if loss because
certain public services may not exist at the site.
West Winds Phase 4 PUD Subdivision(Z-07284/P-07028A)Concurrent Construction Page 4 of 8
17. Occupancy of Structures
The Subdivider,in accordance with the terms of Section 18.74.030.D.8 of the Bozeman Municipal
-Code,recognizes,acknowledges and agrees that no structures will be occupied or commencement of
any use constructed or proposed within the boundary of the PUD will be allowed until all conditions
of the initial Preliminary Plat approval by the City Commission,October 7,2007,have been met,and
' all required infrastructure improvements have been completed,inspected'! I'd accepted by the City of
�a
Bozeman and a Certificate of Occupancy has been issued.
J �>
18. Interim Services ` ,�A
The Subdivider,in accordance with the terms of Section:l 8 74.03O.D.9 of the=Bozeman Municipal
Code,will execute a separate agreement addressing the provision of any servicesRleem appropriate
by the City, on an interim basis during construction. '$ f `
19. Hold Harmless and Indemnification Agreement ,h.;.;,
The Subdivider,in accordance with the terrris of Section 18 74 030<D.10 of the Bozeman Municipal
Code,will execute a separate hold harmless and indem eme nification agrent indemnifying,defending
and holding harmless the City, its employees, agents,ah&. igns from and against any and all
{
liabilities,loss,claims,causes;of action,judgments'and damages resulting from or arising out of the
issuance of a building permit. k
r k
20. Extraordinary Costs ,i ;;
. n..,,.. y,
The Subdividef"in accordance:it w ter ith the ms of Section 18.74.030.D.11 of the Bozeman Municipal
Code, wilt pay for any extraordinarykcosts associated with the project which the City may identify,
including„abut not limite6t6 additional staff hours to oversee the planning, engineering and
0 Y
construction Hof,-the project 'Ed infrastructure improvements, inspection of the infrastructure
' improvements and any extraordinary administrative costs.
21. Control 1
The Subdivider,in accordance with the terms of Section 18.74.030.D.12 of the Bozeman Municipal
Code will cause the development to be under the control of single developer and all work shall be
under the supervision of a single general contractor.
22. Orientation
' The Subdivider acknowledges and agrees that he is solely responsible for assuring compliance with
all building and development codes with respect to the horizontal and vertical orientation of the
West Winds Phase 4 PUD Subdivision(Z-07284/P-07028A)Concurrent Construction Page 5 of 8
houses. Any non-compliance that is discovered shall be corrected with all costs being bourn by the
subdivider.
23. Conditions of Approval
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CORPORATION
Y
t Cascade Development, Inc.
o John M Dunlap, President
STATE OF MONTANA ) n
County hof Gallatin 'a )
On this „; day of y , 2008, before me, the undersigned, a Notary
Public for theti.State of Montana, personally appeared John M. Dunlap, known to me to be the
,v.
President of Case Development, Inc., the corporation that executed the within instrument, and
acknowledged to me�A at he�executed the same for and on behalf of said corporation.
' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(Signature above)
(Seal) (Printed Name above)
Notary Public for State of Montana
West Winds Phase 4 PUD Subdivision (Z-07284/P-07028A) Concurrent Construction Page 6 of 8
Residing at:
Commission Expires:
(Use 4 digits for expiration year)
THE CITY OF BOZEMAN
T.: "
Andrew C. Epp1e,4AICP "'4a};'`.
Planning DirectorAo
STATE OF MONTANA
County of Gallatin
On this day of sr�, 2008, before me, a,Notary Public for the State of
Montana,personally appeared Andrew C Eppl ' CP,known to me,to be the person described in
and who executed the foregoing instrument as Planninp.Director ofafie City of Bozeman, whose
name is subscribed to the within instrument and acknowledged,to me that he executed the same for
and on behalf of said City
a�.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first
written above. ; k '(Signature above)
(Seal)
' (Printed Name above)
'4V
Notary Public for State of Montana
I' a Residing at:
� Commission Expires:
(Use 4 digits for expiration year)
F
i
West Winds Phase 4 PUD Subdivision(Z-07284/P-07028A)Concurrent Construction Page 7 of 8
�lppendbA £k,o_st Estimate
1 � '
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ly
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West Winds Phase 4 PUD Subdivision(Z-07284/P-07028A)Concurrent Construction Page 8 of 8
Engineer's Estimate for Prepared By:
West Winds Planned Community HKM Engineering
Phase 4 Subdivision June 6, 2008
Bozeman, MT
ROADWAY AND UTILITY INFRASTRUCTURE IMPROVEMENTS
Item A� x Estimated `llnit� Total
No � _ DescriptionE �} � fi° Qua"ntifi' ' Unit I Price �y Cost
`7'f�� ,. .mot�1u�._ �� .���_ r�
Roadway Improvements
100 Excavation 8172 CY $6.30 $51,484
102 Embankment 326.86 CY $18.00 $5,883
103 Asphalt 965 TON $47.00 $45,355
104 Crushed Gravel 1053 CY $23.00 $24,219
105 Base Gravel 1655 CY $18.00 $29,790
106 Curb and Gutter 2570 LF $9.00 $23,130
107 Lay-down Curb and Gutter 0 LF $7.00 $0
109 Curb Standard Fillet 2 EA $873.00 $1,746
110 Sidewalk 768 LF $21.00 $16,128
111 Double Gutter 175 SF $7.00 $1,225
' 112 Pedestrian Ramp 3 SF $7.00 $21
116 Si na e &Striping 1 LS $4,500.00 $4,500
SubtotalsL $203,481
Water Improvements
200 8" Poly-wrapped DIP Water Line 2140 LF $38.00 $81,320
201 8"Gate Valves 9 EA $913.00 $8,217
202 8"Water Crosses, Tees, & Bends 7 EA $342.00 $2,394
203 Fire Hydrant Assemblies 2 EA $3,065.00 $6,130
204 Blow-off Assembly 2 EA $939.00 $1,878
205 Type 2 Pipe Bedding 317 CY $22.00 $6,974
206 Type A Pipe Backfill 1430 CY $19.00 $27,170
207 Service Connections 7 EA $963.00 $6,741
208 Connect to Existing Mains-live tap 2 EA $6,893.00 $13,786
SubtotalsL $154,610
Sewer Improvements
' 300 8 in PVC Sewer Line 1220 LF $31.00 $37,820
301 48 in SS Manholes 7 EA $2,174.00 $15,218
303 Connect to Existing Main 1 LS $5,000.00 $5,000
304 Type 2 Pipe Bedding 173 CY $22.00 $3,806
305 Type A Pipe Backfill 778 CY $19.00 $14,782
306 Service Connections 8 EA $1,048.00 $8,384
' .5Ubtotaisl $B5,
r
Prepared by HKM
Pagel
Engineer's Estimate for Prepared By:
West Winds Planned Community HKM Engineering
Phase 4 Subdivision June 6, 2008
Bozeman, MT
ROADWAY AND UTILITY INFRASTRUCTURE IMPROVEMENTS
..ts'ux`.9. i �3x' '"" -.. ,.� s«•:,>rkr» *n; - - a -ItemWO
Estimated EMN
2 t
Storm Water Improvements
400 15 in PVC Storm Main 670 LF $31.00 $20,770
408 15 in RCP Storm Main 0 LF $31.00 $0
401.1 21 in PVC Storm Main 870 LF $62.00 $53,940
409 24 in PVC Storm Main 130 LF $73.00 $9,490
402 36"Catch Basins 3 EA $1,628.00 $4,884
403 Type A Pipe Backfill 120 CY $19.00 $2,280
404 48"Catchbasins . 6 EA $1,891.00 $11,346
405 Temp. Detention Ponds/Control Structure 2 LS $1,902.50 $3,805
406 Tem . Detention Pond Excavations 1850 CY $6.30 $11,655
SubtotalL $127,116
Mobilization & Insurance
600 IMobilization, Bonding & Insurance 1 1 LS 1-$28,510,851 $28,511
Subtotal $28,511
Total Construction Costs $598,728
r
Prepared by HKM
Page 2
Appendix C —Insurance Certificate
1
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM/DD/YYYY)
CASCA-1 06 03 08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
First West, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO Box 1800 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1905 Stadium Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bozeman MT 59715
Phone: 406-587-5111 Fax:406-586-0271 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Cincinnati Insurance Company
INSURER B:
Cascade Development, Inc. INSURERC:
1627 W. Main St. , #223 INSURER0:
Bozeman MT 59715
INSURER E:
' COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1Nb' LTR NSRAUU' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E /DDIYPIRA )
DATE MM/DD/YY DATE MM/DD/YY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABILITY CAP5882374 08/31/07 06/31/08 PREMISES Eaoccurence $ 100,000
CLAIMS MADE FX]OCCUR MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY S1,000,000
GENERAL AGGREGATE s2,000,000
GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
X I POLICY PRO- LOC
PRO-
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1
A ANY AUTO CAP5882374 08/31/07 08/31/08
(Ea accident) ,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY S
X NON-OWNED AUTOS (Per accident)
' PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTOONLY-EAACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $1,000,000
A X OCCUR [::]CLAIMSMADE CAP5882374 08/31/07 08/31/08 AGGREGATE $1,000,000
$
DEDUCTIBLE $
X RETENTION $0 $
WORKERS COMPENSATION AND CRY LIMITS ER
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
' OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
It is understood and agreed that the certificate holder is an additional
insured, but only in respects to liability rising out of the activities of
the named insured. RE: General Liability for Phase IV West Winds
Subdivision project
' CERTIFICATE HOLDER CANCELLATION
C I TYB15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
' DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
City of Bozeman IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER;ITS AGENTS OR
PO BOX 1230 REPRESENTATIVES.
Bozeman MT 59771-1230
ACORD 25(2001/08) DORATION 1988
1 i
1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
' If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon.
1
1
r
ACORD 25(2001/08)
1 r �
' Appendix "D" -- Correspondence
rr Sr. 1ence
1
1
1
r
1
r
1
1
1
r
� r
r
r
r
r
r
r
a
rE N G I N E E R I N G
May 21, 2008 920 Technology Boulevard
Suite A
r Rec. No. 045067.138 Bozeman,MT 59718
Phone: 406.586.8834
Fax: 406.586.1730
www.hkminc.com
Andy Epple ww.hkminc.com
r Planning Director
City of Bozeman
r P.O. Box 1230
Bozeman, MT 59771-1230
RE: The Villas at West Winds
Dear Andy:
r Thank you for meeting with John, Lewis, and myself yesterday morning. As always we
appreciate your time and input. The purpose of this letter is to verify the process that we
intend to follow for permitting site plans and the proposed LDS church in the West
rWinds community.
Site Plans
rAs you are aware we have recently received approval for the amended West Winds Final
PUD, and we also have preliminary plat approval for all remaining phases of the project.
r All preliminary plats were reviewed and approved with a concurrent construction
requested in the application.
rThe following applications/processes will be completed concurrently:
■ Engineering Reports and Approval—HKM has been working with the City
Engineering Office (Sue Stodola) on the engineering reports for the improvements
r within the public right-of-way and is very near final approval. The reports will be
finalized and submitted to Engineering for approval.
r • Civil Engineering Plans (checklist) -- HKM has also been working with
Engineering on the civil plans for improvements within the public right-of-way
r and will-submit the plans upon engineering report approval for approval under the
checklist.
r ■ Final Plat—With engineering report and civil plan approval, HKM will submit the
Phase IV final plat application. The final plat application will include an
improvement agreement for the bonding of all improvements.
• Site Plan Review— Concurrent with the above tasks and under the concurrent
construction section of the UDO, Cascade Development will submit site plan
applications. The site plans will be reviewed under expedited review per your
IBILUNGS.MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA,MONTANA MILES CITY,MONTANA SHERIDAN,WYOMING LANDER.WYOMING
406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285
Mr. Andy Epple
' May21, 2008
letter of April 28, 2008. As mentioned above, the site plan review will be
concurrent with final plat review and it is anticipated that final plat will be
approved and filed prior to final site plan approval.
■ Building Permits—Concurrent with the final plat and site plan reviews the water,
sewer, storm and road improvements within the public right-of-way will be under
construction based on the approved civil plans. The civil improvements for Phase
' IV are minimal so it is anticipated that the improvements will be completed and
signed off near the same time as the site plan review is completed. With the final
plat, site plan, and civil improvements complete, the projects should be able to go
directly to the building permit review process.
LDS Church
Within the approved Amended West Winds PUD dated May 7, 2008, a "Community
Center"parcel was added adjacent to Davis Lane. The community center parcel was
specifically requested within the PUD amendment application,.addressed by the staff
reports, and was added to the PUD to the graphics, land use tables and narrative. The
community center parcel was fully reviewed under the amended PUD process. Therefore,
' the community center is a component of the West Winds PUD CUP and will not require a
separate CUP. However, the site will require site plan review.
Your written verification of the above processes would be appreciated.
' Sincerely,
HKM Engineering
rC h n-T Iitle, P.E.
Senior Project Manager
1
rH:\04\S067138\0805201a5 Epple.doc
' 06/02/2008 11:42 40658*3 CITY OF BOMS PAGE 02/03
CITY OF BOZEMAN
yx DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
' C• ` Street address: Alfred M.Stiff Professional Building Phone: (406)582.2260
20 East Olive Street Fax: (406)582-2263
♦r� Mailing address: P.O.Box 1230 E-mail:aepplc@bozeman.net
CO. Bozeman,Montana 59771-1230
World wide web: www.bozeman_net
June 2,2008
Clint Litle,P.E.
Senior Project Manager
HKM ENGINEERING
920 Technology Boulevard, Suite A
Bozeman,MT 59718
RE: THE VILLAS AT WEST WINDS
' Dear Clint:
I've reviewed your letter of May 21, 2008 and agree with all of the processes you describe in the five
' bulleted paragraphs" The only issue pertains to your fourth bullet point,where you state: "The site plans
will be reviewed under expedited review per your letter of April 29, 2008." I need to point out that for
this process to occur, the submitted site plans must be consistent with the approved prelimina,-y plat and
Final PUD Plan, I raise this issu.c, as you can imagine, because I have determined that the informal site
plan you have submitted for The Villas at West Winds is not consistent with the approved preliminary
plat or Final PUD Plan for West Winds.
I have also considered the informal remarks and suggestions made by DRC and DRB members regarding
-
The Villas, and have concluded that the subdivision and PUD design changes The Villas .represents are
beyond what can be approved administratively. As such, I have determined that for The Villas to
proceed as informally submitted, the preliminary plat and Final PUD Plan will need to be: formally
reviewed and approved by the City Commission through new application processes for each. These
processes will be expedited, as noted, but must be completed before we can entertain The Villas in. its
current form.
' With regard to the LDS Church site, we agree that this site was reviewed and approved in the Final
PUD, through a conditional use permit process, for use as a "community center" (definition of which
' includes churches). Accordingly, the LDS Church development plans will be reviewed through a simple
Site Plan review process,without need for CUP review.
There is one more item I should mention, Clint. That is, it appears the deal between the County and the
City Fire Department / 911 Emergency Services Center is in jeopardy at this time. I just wanted. to
.rcmind you that further final platting in West Winds is contingent on Fire Station 3 finding a home in the
' northwest quadrant of the City.
planning • rondng • stthdivision review • annexation • h/storlc reservarion • hmv;ng • gram administration • nel hborhood corrdinorian
p g
06/02/2008 11:42 4065820$3 CITY OF BOZENf PAGE 03/03
1 Mr. Clint Litle
June 2,2008
Page 2 of 2
I hope this information is useful as you plan for the continued development of West Winds. If.you have
any questions, please contact me at your convenience. I'll hopefully be able to respond to you in a more
timely manner than I have been able to do with this reposnse..
Bes Regards,
dy Bpp ,Al
Director Plannin and Community Development
Cc: Lanette Windemaker, Contract Planner
' John Dunlap, West Winds Development Group
1
r1kRe 2
06/02/2008 11:42 406587�63 CITY OF BOZEte PAGE 01/03
CITY OF BOZEMAN
' DEPARTMENT OF PLANNING AND COMMUNITY DE\/E'OPMEN T
Alfred M. Stiff ProTessionol Building Dhone 406-582-2260
20 Eost Olive Street fix d06.582-2263 2 Box 1 olonni ng@bozeman.net
Bozemon,Montana 597?1.1230W-bowman.net
' FAX TRANSMITTAL (Page of
' Date: a
' Fax:
From: P h
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' 06/04/2008 08:23 406582 3 CITY OF BOZEMA6 PAGE 01
lsox CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
G
a Street address: Alfred M.Stiff Professional Building Phone: (406)582-2260
' �t -'— a 20 East Olive Street Fax: (406)582-2263
Mailing address: P.O.Box 1230 E-mail: aepple(a�bozeman.net
Bomman,Montana 59771-I230 World wide web: www.bozcman.net
1
June 3, 2008
1 Clint Litic,P.E.
Senior Project Manager
HKM ENGINEERING
' 920 Technology Boulevard, Suite A
Bozeman., MT 59718
RE: WEST WINDS PUD AND CITY FIRE DEPARTMENT/911 EMERGENCY SERVICES
' Dear Clint:
' Regarding your letter dated today, thanks for the update. Chuck Winn provided me.with the same
information this morning at our weekly staff meeting. I agree with your bullet points and conclude this
matter is a non-issue at this time. Sony for causing you any anxiety.
Let me know if you have an questions or need further information.
any any
' Be Regards,
1 � .
Andy Ep e,A
' Director f Planning and Community Development
Cc: Lanette Windemaker, Contract Planner
John Dunlap, West Winds Development Group
' planning • wninK 0 subdAlsionreview • attnemdon ■ his/o/icpresentation • hawing • grant adminlstrafio/n • neighhorhoodcoor&"afion
Page 1 of 1
r;.u,Attachments can contain viruses that may harm your computer.Attachments may not display correctly.
Lanette Windemaker
From: Lanette Windemaker Sent: Wed 6/4/2008 3:37 PM
To: Clint Litle;John Dunlap
Cc: Andy Epple; Susan Stodola
Subject: West Winds 4
Attachments: 1)WW4 IA concurrent construction.doc(63KB) D WW4 Hold Harmless Agree ment.doc(38KB)
Clint=
Your request for revised phasing is currently under review.
I have recieved your letter regarding moving forward with current construction. Since West Winds is a PUD, it is
are eligible to submit a Concurrent Construction Plan, as is described in 18.74.030.D.13 and was also
described in Preliminary Plan Code Provision "a" below.
a. Per Section 18.74.030.D, the applicant must submit twelve (12) copies of a Concurrent Construction Plan
that addresses all aspects of this section to the Planning Department for DRC review and Planning Director
approval before concurrent construction may be approved.
I have forwarded the copy of the certificate of liablity insurance you provided to Tim Cooper for his review.
I have attached the draft Hold Harmless Agreement and Improvements Agreement for Concurrent
Construction. Please let me know if you see any corrections that need to be made to these documents at this
time.
Since the revised phasing has a significant impact on your proposed concurrent construction plan, it is not
appropriate for DRC to review the concurrent construction plan until review of the revised phasing is complete,
and the appropriate action taken on it.
Once you have submitted the 12 required copies of the proposed concurrent construction plan, I will schedule it
as soon as appropriate for DRC review.
Also, your concurrent construction plan must include a copy of the proposed area under consideration since a
change has been made to what is included within Phase 4.
Lanette Windemaker, AICP
Contract Planner
586-5266
http://mail.bozeman.net/exchange/lwindemaker/Proj ects/Westwinds/West%20 Winds%204.... 7/3/2008
ENGINEERING
920 Technology Boulevard
Suite A
Bozeman, MT 59718
Phone: 406.586.8834
Fax: 406.586.1730
June 2, 2008 www.hkminc.com
Rec. No. 04S067.125
Lanette Windemaker
P.O. Box 1230 Hand Delivered
Bozeman, MT 59771
RE: West Winds Phase IV �� v
Concurrent Construction
0
Dear Lanette: 1ppM�NT
Z pp�NNWG
pEPaRj`-3"AM
PNp GOM_• �-
The purpose of this letter is to move forward with the concurrent construction(18.74.030
(B )(1)(a.) UDO) for Phase IV Subdivision West Winds PUD. Current construction was
requested with the preliminary plat application (Appendix SD-11).
The following is an item by item response to 18.74.030 (B )(1)(a):
1. West winds is an approved Planned Unit Development;
2. The applicant agrees to enter into an improvement agreement and financially
guarantee the improvements;
3. Applicant agrees to this condition. HKM is in the process of finalizing the
engineering reports and plans for City and MDEQ approval;
4. Applicant agrees to this condition;
5. Attached is an insurance certificate for fire hazard and liability;
6. The applicant recognizes, acknowledges, and assumes the increased risk of loss
because certain public services do not exist at the site;
7. The applicant agrees to enter into said agreement;
8. The applicant agrees to no occupancy within Phase IV until the required
infrastructure improvements have been completed and inspected, and accepted by
the City and a certificate of occupancy has been issued;
9. The applicant agrees to enter into said agreement;
10. The applicant agrees to enter into said agreement;
11. Applicant agrees to this condition; and
12. Applicant agrees to this condition.
It would be greatly appreciated if you would move ahead as quickly as possible with
scheduling the completion of the concurrent review process.
BILLINGS,MONTANA BUTTE,MONTANA GREAT FALLS,MONTANA HELENA.MONTANA MILES CITY,MONTANA SHERIDAN.WYOMING LANDER,WYOMING
406.656.6399 406.723.8213 406.453.4085 406.442.0370 406.234.6666 307.672.9006 307.332.3285
Lanette Windemaker •
June 2, 2008
Page 2 of 2
If you have any questions please feel free to contact our office at (406) 586-8834.
Sincerely,
HKM Engineering
Clint itle, P.E.
Senior Project Manager
Cascade Development
rt�, !
J hn D!nlap
President
H:\04\S067125\080529-LW Concurrent construction.doc
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MM/DD/YYYY)
CASCA-1 06 03 08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
First West, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO Box 1800 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1905 Stadium Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bozeman MT 59715
Phone: 406-587-5111 Fax:406-586-0271 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A. Cincinnati Insurance Company
INSURER B:
Cascade Develo men Inc. INSURERC:
1627 W. Main S� , ��23 INSURERD:
Bozeman MT 59715
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE MMIDD/YY DATE MM/DD/YY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABILITY CAP5882374 08/31/07 08/31/08 PREMISES Eaoccurence $ 100,000
CLAIMS MADE X❑OCCUR MED EXP(Any one person) $ 5,000
PERSONAL BADVINJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
X I POLICY PRO- LOC
JECT
AUTOMOBILE LIABILITY
A ANY AUTO CAP5882374 08/31/07 08/31/08 COMBINED SINGLE LIMIT(Ea accident) , ,000
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIREDAUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT '$
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $1,000,000
A NX
OCCUR F—ICLAIMSMADE CAP5882374 08/31/07 08/31/08 AGGREGATE $1,000,000
$DEDUCTIBLE $
RETENTION $O $
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $
If S EC IAL P yes,AL PROVISIONS below be under E.L.DISEASE-POLICY LIMIT $
SP
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
It is understood and agreed that the certificate holder is an additional
insured, but only in respects to liability rising out of the activities of
the named insured. RE: General Liability for Phase IV West Winds
Subdivision project
CERTIFICATE HOLDER CANCELLATION
C I TYB15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL =0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
City of Bozeman IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
PO BOX 1230 REPRESENTATIVES.
Bozeman MT 59771-1230
ACORD 25(2001/08) 'ORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/08)