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HomeMy WebLinkAbout638300222290197533) P-0602DA West Winds Phase 3 „ COvCURRENT CONSTRUCTION �+. West of Oak St. between N.27th & Fowler Lane Cascade Developpment February 27, 2N7 b 0 0 N N D I i II File Folder SP411-1/3 A - 77: Ji i;arin i n rnim u r i z Li T r7lt 0� 0 P-01'tecr- rs� e N- -C: Daie -ralf S r a if Cumularivt e m e I S) Hours Hours as C) 60 9-5) oSc)3q,--F,--oYoSo� R-o�co R-1 1 E N G I N E E R I N G McChesney Professional Building 601 Nikles Drive Suite 2 Bozeman, MT 59715 A� February 8, 2007 Phone: 406.586.8834 HA04\S067124\Final Plat\070208la4_Iw.doc .7 i� a Fax: 406.586.1730 �i WWW.hkminc.com U Ms. Lanette Windemaker �I FEB 2 1 2007 City of Bozeman Planning Office; DEPARTMENT OF PLANNING P.O. BOX 1230 AND COMMUNITY DEVELOPMENT Bozeman,MT 59771 ' RE: West Winds Phase 3 Major Subdivision: Concurrent Construction Request ' Dear Ms. Windemaker: On behalf of Cascade Development, HKM Engineering is submitting this formal request for concurrent construction for the above-referenced subdivision. Please find the enclosed materials required by they City of Bozeman for concurrent ' construction. If you have any questions, or need further information,please contact Clint Litle or me at 586-8834. Sincerely, � HKM Engineering, Inc: IE C U v D FEB 2 7 2007 oLR DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ' Zach Lowe, P.E. enclosures BILLINGS,MONTANA BUTTE,MONTANA BUTTE LABORATORY MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.494.1502 406.234.6666 307.672.9006 307.332.3285 1 Exhibit C Concurrent Construction Application West Winds.Phase 3 Major Subdivision The following is our response to the twelve elements for concurrent construction per Section 18.74.030.D of the BMC on behalf of Cascade Development, Inc. The italicized text is our response. 1. The subject property shall be developed under the provisions of Chapter 18.36,BMC; ' The subject project, West Winds Phase 3 Subdivision, is a phased part of the approved Planned Unit Development per Chapter 18.36 BMC. 2. The subdivider or other developer must enter into an improvements agreement to assure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city,with said guarantee to be in the name of the City; Cascade Development, Inc agrees to, and has executed, the city provided Improvements Agreement" and provided financial guarantee for the completion of the im provements. The executed agreement is enclosed with this.submittal. An irrevocable letter of credit for 150%of the estimated improvements has been provided. 3. Approval of the final engineering design,including location and grade, for the infrastructure project must be obtained from the Engineering Department, and the Montana Department of Environmental Quality when applicable,prior to issuance of any building permit for the 1 development; The final engineering design has been reviewed and approved by the City Engineering Department and MDEQ. See enclosed approval letters. ' 4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD shall cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the City; So noted, all underground utility work is approved and construction commenced on October 19, 2006 when water, sewer and storm improvements were installed;construction will resume in Spring 2007 to complete the subdivision roads. It is requested that building permits be issued for single- family, townhouse and multi famiy parcels as submitted to the building department. 5. The subdivider shall provide and maintain fire hazard and liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The subdivider shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof; So noted, see enclosed insurance certificate. 6. The subdivider recognizes,acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; So noted, as acknowledged by the enclosed, executed `hold harmless'agrrement. Exhibit C Concurrent Construction Application West Winds Phase 3 Major Subdivision (cont.) 7. The subdivider shall enter into an agreement with the City which provides for predetermined infrastructure funding options; So noted, see enclosed Improvements Agreement"with GO. ' 8. No occupancy of any structures commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the City, and a certificate of occupancy has ' been issued; a. No occupancy of structures or commencement of any use shall occur when such action would constitute a safety hazard in the opinion of the City; ' So noted, no occupancy until a certificate of occupancy has been issued by the City. 9. The subdivider shall enter into an agreement with the City to address the provision of any services on an interim basis during construction,if deemed appropriate; Agreed, see enclosed Improvements Agreement." 10. The subdivider shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City,its employees, agents and assigns 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 under this section; Agreed, see enclosed, executed `hold harmless'agreement. 11. The subdivider shall pay for any extraordinary costs associated with the project which the City may identify,including,but not limited to, additional staff hours to oversee the planning, engineering, and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; So noted, see enclosed, executed Improvements Agreement" 12. The development shall be under the control of a single developer and all work shall be under the supervision of a single general contractor. Agreed, Cascade Development,Inc. =11 supervise the project. r r H:\04\S067124\Final Plat\0702081a4 Cono-construction.doc 2 2/8/2007@4:27 PM i nn 4Vo0001LDr cascaae Homes HKM 16002/003 OATF�BOOIrYVYJ ACM CERTIFICATE OF LIABILITY INSURANCEcJ% 1 10/23/09 PROat)= TWO C6 TMrATE 13 MWED AS A MATTER OF NFORMAYION fa:at Ymut, 11oLc. 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A statement On thit-cMA Cate ddes.nct oonfer rights to tfia cettifirabe holder in Mu of such endolsementjs} ' If 3U8RMATION:IS WAIVED,s tod to the terms and.00ndltbns d'-the polcy,certain policies may require an ertdorsernerrt A ebabemerrt on this certfAGate does not oonier rlpFite to the certt�lte holder in lieu of such endorserT wdo). The ComsU te1 e Mversa side of tills liban does not oonstrtu6e a contrail between the leeuhg insuret(s),atrthoilzed repreeentattu�e or producer,and the�oerttilcebe holder,nor It atlirtr>stiv�ely or neg>3i u*amend; ashen:cr d1wrtt e:ovaetage alfoNed by file policies Mad thereon. ACORD 25 f MMR "OOAI � First Security Bank 1 February 15, 2007 City of Bozeman Attention: Planning Department PO Box 1230 Bozeman, MT 59771-1230 Re: Cascade development, Inc. -West Winds;Phase 3 Letter of Credit No. 010700127 To Whom It May Concern: ' We hereby open our irrevocable standby Letter of Credit in your favor for the account of Cascade Development,Inc., 3825 Valley Commons Drive,#1,Bozeman; MT 59715, for a sum not to exceed the aggregate amount of$387,192.00, Three.hundred eighty-seven thousand one hundred ninety-two dollars and zero in U.S. Dollars available by your one or more clean drafts drawn at sight on us. Each draft so drawn must be marked"drawn under First Security Bank, 208 Easi Main Street, P.O. Box 910, Bozeman, Montana 59771-0910, irrevocable standby Letter of Credit ' No. 010700127" and be accompanied by a signed statement from the City of Bozeman that Cascade Development, Inc. has failed to honor its contractual agreement. This credit is subject, so far as applicable, to the"Uniform Customs and Practice for Documentary Credits" 1993 Revision,the International Chamber of Commerce Publication No. 500. We hereby agree that all drafts so drawn under and in compliance with the terms of this Letter of Credit will be duly honored if drawn and presented for payment to our main office, First Security Bank, 208 East Main Street, P.O. Box 910, Bozeman, Montana 59771-0910. This Letter of Credit will terminate on February 16, 2008 at 5:00 pm. Sinc e r Russell C. Nelson Senior Vice President RCN/smn P.O. Box 910 Bozeman, MT 59771-0910 406-585-3800 Fax:406-585-3802 www.ourbank.com Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street West Winds PUD#Z-04050A &Major Subdivision#P-06025 SUBDIVISION IMPROVEMENTS AGREEMENT ' WEST WINDS PHASE 3 SUBDVVSION& PLANNED UNIT DEVELOPMENT THIS AGREEMENT is made and entered into this day of , 200 , by and between Cascade Development, Inc., 3825 Valley Commons Drive Suite No. 4, Bozeman MT 59718-6436 hereinafter called the "Subdividers", and the City of Bozeman, a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street, P.O. Box 1230, Bozeman,MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of approval of a major subdivision preliminary plat application for West Winds Subdivision Phase 3 to subdivide approximately 12.368 acres into nine (9) residential single household, two (2) residential multi household, one (1) park areas and one(1)common area on property located at the northwest corner of the intersection of Hunters Wa and Oak Street exhibit"B" City of Bozeman, Gallatin County,Montana; and WHEREAS, it is the intent of the Subdivider to obtain Final Plat approval;.and WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the requirements and guarantee improvements for the conditional approval of said subdivision application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description ' This Agreement pertains to and includes those properties which are designated and identified as:see attached Exhibit "B", City of Bozeman, Gallatin County, Montana. 1 Subdivision Improvements Agreement Page 1 of 7 West Winds Phase 3 PUD#Z-04050A&Major Subdivision#P-06025 r 2. Improvements & Time for Completion of Improvements ' This Agreement includes all on-site and off-site subdivision improvements as shown in the Preliminary Plat Application, as conditioned in the Preliminary Plat approval, and as . required by the Bozeman Municipal Code. Improvements include those described below and listed in the attached Exhibit A, which is made part of this agreement. The list and cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive, Suite 2, Bozeman MT 59715. ' The Subdivider hereby agrees that the following improvements must be installed within one (1) year of the date of City Commission final plat approval: water, sewer, stormwater facilities,transportation facilities(streets,street lights,trails,sidewalks adjacent to public lands, etc.).parks and common oven space facilities and landscaping The Subdivider hereby agrees that ' sidewalks adjacent to individual lots must be installed within three (3) years of the City Commission final plat approval,or with Building Permits for individual lots,whichever occurs ' first.In any event,all completedre q Puired improvements shall be within the time frame provided herein for the completion of the improvements in order to avoid default on the method of . security. 3. Financial Guarantee It is the Subdividers intent to file the final subdivision plat prior to the completion of all subdivision improvements.Therefore,this Agreement shall be secured by a financial guarantee valid for at least eighteen (18) months. which is one hundred and fifty (150) percent of the eestimated cost of said improvements. The financial guarantee is in the form of a issued by . in the amount of$ No. dated 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and 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. Subdivision Improvements Agreement Page 2 of 7 West Winds Phase 3 PUD#Z-04050A &Major Subdivision#P-06025 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 deposited.in the United States mail addressed to the subdivider,Cascade Development Inc.,3825 Valley Commons Drive Suite No.4,Bozeman MT 59718-6436,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 Subdivider shall permit and secure any additional permission required to enable them to do so. In the event that an funds remain from the financial guarantee Y upon completion of all improvements,such funds shall be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider shall indemnify,hold harmless,and defend the City 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 his/her agents, employees, or contractors, whether negligent or otherwise, in connection with the performance of work described in this agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct arising from the Subdivider, his/her agents, or employees not providing to the Municipality, its agents or employees, information relevant to the subject Subdivision Improvements Agreement Page 3 of 7 West Words Phase 3 PUD #Z-04050A&Mayor Subdivision#P-06025 matter of this agreement. The parties shall cooperate in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of one(1)year from ' the date of their written acceptance by the Governing Body. 8. Governing Law and Venue ' 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. 9. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any-of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attomey's fees and costs, including fees, salary and costs of in-house counsel including City Attorney. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the parties hereto. ' 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the tother provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. S12. No Assignment The responsibilities and benefits of this Agreement to the Subdividers may not be !, assigned without the express written approval of the City. Such approval may not be withheld unreasonably, but any unapproved assignment is void. There is no prohibition on the right of ' the City to assign its rights under this Agreement. The City shall release the original Subdividers from their liability under this agreement if it accepts and approves a proper assignment from any developer or lender who obtains the property. ' Subdivision Improvements Agreement Page 4 of 7 :I West Winds Phase 3 PUD #Z-04050A &Major Subdivision#P-06025 13. Successors ' Except as provided in paragraph 12,this Agreement shall be binding upon,enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and tassigns. 14. Filing tThe Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the Final Plat is filed. CORPORAT N h Dunlap ascade Develop lent,Inc. STATE OF MONTANA } ss. County of Gallatin ) On this day of Cp.nJ heC1_, 2006 before me, the undersigned, a Notary Public for the State of Montana,personally appeared John Dunlap, known to me to be 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. . ````����1►IUlul�hi�i��'' (Seal) NOTAq/,q'.% Printed Name Nat/,a. ��G't iG k Notary Public for the State of Montana *'. 5 •* Residing at p • `I' •�Q-� My Commission Expires: I I Z2O ���9 ' • • • '-�'v�.(`P?�`IN (Use 4 digits for expiration year) OFllli�p `\ ' Subdivision Improvements Agreement Page 5 of 7 I West Winds Phase 3 PUD #Z-04050A &Major Subdivision#P-06025 THE CITY OF BOZEMAN Andrew C. Epple Director of Planning & Community Development STATE OF MONTANA } :ss County of Gallatin ) On the day of ,2006,before me,a Notary Public .for the State of Montana,personally appeared Andrew C.Epple,known to me to be the person described in and who executed the foregoing instrument as Director of Planning and Community Development of the 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 City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) Printed Name Notary Public for State of Montana Residing at:Bozeman, Montana Commission Expires: (Use 4 digits for expiration Year) ' Subdivision Improvements Agreement Page 6 of 7 E N G I N E E R I N G Mcoreopy Professional BuUng February 12, 2007' 601 Nikles Drive H:\04\S067124\Final Platk0702091a-ss-bond darification.doc Suite 2 Bozeman,MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 ' www.hkminc.com Susan Stoodola City of Bozeman Engineer PO Box 1230 Bozeman, MT 59771-1230 ' RE: West Winds Phase 3 Bond Dear Ms. Stodola ' There seems to be some confusion on the bond amount for Phase 3 of West Winds. The Williams Plumbing and Heating pay request that was sent to you has values in the balance to finish column that are in parenthesis. The numbers in-parenthesis are due to ' items that have exceeded the estimated amount and are incidental to the total balance to finish. William's pay request is a little confusing in this since. Attached is a copy of HKM's progress payment that the owner bases payment off of for the same period as William's. In the upper right hand corner the balance to date and total contract amounts are stated. The difference between the two is $231,775.30, i.e.balance ' to finish. Below is a summary of the overall bond amount. ' Final Plat Bond Estimate On-Site Improvements 1 LS $877,968.00 $877,968 74% $231.775 Off-Site Improvements 1 LS $238,906.00 $238,906 100% $0 Street Lights 1 LS $8,885.50 $8,886 15% $7,553 Park Improvements(Phase 3 Park) 1 LS $3,500.00 $3,500 0% $3,50.0 ' Street Trees/Boulevard Landscape 1 LS $4,800.00 $4,800 0% $4,800 Sidewalks 700 LF $15.00 $10,500 0% $10,500 i Subtotal $1,144,560 $258,128 Plus 50% $129,064 =otalBondAmount $387,192 ILUNGS,MONTANA BUTTE.MONTANA BUTTE LABORATORY MILES CRY,MONTANA SHERIDAN.WYOMING LANDER.WYOMNG 406.656.6399 406.723.8213 406.494.1502 406.234.6666 307.672.9006 307.332.3285 I hope that this clears up the discrepancies. Please feel free to contact our office if you have any more questions or comments. Sincerely, HKM Engineering Inc. 1 Paul Yakawich, EI Enclosure H PERIODIC APPLICATION FOR PROGRESS PAYMENT TO CONTRACTOR E NG I N E E R I NG Project Name: West Winds Subdivision:Phase 3 Contract No.:• stimate No. 2 HKM Job No.: 04S067.124 Location: Bozeman,MT Start Date 11/18/2006 Owner's Name and Address Contractor's Name and Ad, ress Orl2lai Contract Information End Date 12/17/2006 Cascade Development,Inc. Williams Plumbing&Heating,Inc. Contract Date: 10/17/2006 eriod Total $131,931.75 3825 Valley Commons Dr. P.O.Box 10 Total To Date $646,192.70 Notice to Proceed: 10/19/2006 Suite#4 Bozeman MT 59771-0010 Bozeman MT 59718 Work Started: ]0/19/2006 Contract Tot. $877,968.00 i Contract Time(Days): 230 %Complete 73.6 Contract Amt: $0.00 Contract Time 0 to Date: CHANGE ORDERS This Period To Date Number Time(Days) Amount Total of All Schedules: $131,931.75 $646,192.70 1 0 14,765.00 Materials Delivered(Invoices Attached): $0.00 $0.00 Subtotal: $131,931.75 $646,192.70 Total 0 14,765.00 Less Materials on Site,In place: $0.00 $0.00 +Original Contract 230 0.00 Subtotal: $131,931.75 $646,192.70 =Revised Contract 230 14,765.00 Less 5% Retainage $6,596.59 $32,309.64 Subtotal: $125,335.16 $613,883.07 Plus Retainage Adjustment: $0.00 $0.00 Subtotal: $125,335.16 $613,883.07 Less 0% $0.00 $0.00 Subtotal: $1.25,335.16 $613,883.07 Less Liquidated Damages: $0.00 $0.00 Subtotal: $125,335.16 $613,883.07 Less Backcharges: $0.00 $0.00 Subtotal: $125,335.16 $613,883.07 Less Previous Payments: $488,547.90 CERTIFICATION OF CONTRACTOR Total Due Contractor this Estimate: $125,335.17 The undersigned contractor certifies that all previous progress payments received under this pa ent of amount due this application recommended/a roved b contract have been applied to discharge in full all obligations of the Contractor incurred in TITLE SIGNATURE DATE connection with this work and that all work covered by this Application for Payment is in accordance with the contract documents and not defective as that term is defined in the Contract Documents. Contractor: Date: 16-Jan-07 Page 1 rr rr �r rr rr r rr �r r r r r� rr rr it r �r rr r West Winds Subdivision:Phase 3 BREAK DOWN OF PERIODIC COSTS TO DATE Current Contract Items This Period i I Total To Date Item No. Item Description Quantity I Units Unit Price Extended Price Quantity Amount IFQuantit7y Amount %Comp. Base Bid 100 Excavation 8,000.0 CY $5.00 $40,000.00 8,000.00 $40,000.00 100.0% 101 Exploratory Excavation 8.0 HR $350.00 $2,800.00 8.00 $2,800.00 100.0% 102 Embankment 1,925.0 CY $18.00 $34,650.00 3,331.00 $59 958.00 173.0% 103 Asphalt 1,600.0 Tons $50.00 $80 000.00 104 Crushed Gravel 1,850.0 CY $31.00 $57,350.00 105 Base Gravel 1,700.0 CY $18.00 $30 600.00 1,285.00 $23,130.00 75.6% 106 Curb and Gutter 3,610.0 LF $10.00 $36 100.00 109 Curb Standard Fillet 4.0 EA $943.00 $3 772.00 111 Double Gutter 400.0 SF $7.00 $2,800.00 113 Existing Utility Rim Adjustment 3.0 EA $344.00 $1 032.00 114 Geotextile Fabric 800.0 SY $1.90 $1 520.00 253.00 $480.70 31.6% 115 Unclassified Excavation 750.0 CY $5.00 $3,750.00 1,406.00 $7,030.00 187.5% 116 Signage and Striping 1.0 LS $11,140.00 $11,140.00 117 Disposal of Trench Spoils off site 3,670.0 CY $3.00 $11,010.00 2,970.00 $8,910.00 80.9% 200 8"Poly-wrapped DIP Water Main 1,900.0 LF $39.00 $74,100.00 1,881.00 $73,359.00 99.0% 201 8"Gate Valves 7.0 EA $1,147.00 $8,029.00 8.00 $9,176.00 114.3% f 1 202 8"Water Crosses,Tees,&Bends 10.0 EA $397.00 $3,970.00 14.00 $5,558.00 140.0% 203 Fire Hydrant Assembly 3.0 EA $4 035.00 $12 105.00 3.00 $12 105.00 100.0% 204 Blow off Assembly 6.0 EA $1,018.00 $6 108.00 3.00 $3 054.00 50.0% 205 e 2 Pipe Bedding Water 140.0 CY $22.00 $3,080.00 206 Type A Pipe Backfill Water 1,600.0 CY $19.00 $30,400.00 1,040.00 $19 760.00 65.0% 207 3/4"Water Service Connection 9.0 EA $1,190.00 $10 710.00 9.00 $10 710.00 100.0% 208 Connect to Existing Water Main 2.0 EA $12,989.00 $25 978.00 2.00 $25,978.00 100.0% 300 8"PVC Sewer Main 2,280.01 LF $32.00 $72,960.00 1,121.00 $35,872.00 2 198.00 $70,336.00 96.4% 301 48"SS Manhole 8.0 EA $2,333.00 $18 664.00 3.00 $6,999.00 9.00 $20 997.00 112.5% 1 I 303 Connect to Existing SS Main 1.0 EA $6,091.00 $6,091.00 1.00 $6,091.00 1.001 $6,091.00 100.0% 304 Type 2 Pipe Bedding Sewer 200.0 CY $22.00 $4 400.00 305 Type A Pi eBackfill Sewer 2660.0 CY $19.00 $50540.00 675.00 $12,825.00 1,739.00 $33,041.00 65.4% 306 SS Service Connection 9.0 EA $1 121.00 $10,089.00 9.00 $10,089.00 100.0% 307 Site Dewatering 1.0 LS $80 143.00 $80,143.00 0.25 $20,035.75 1.00 $80 143.00 100.0% 400 15"PVC Storm Main 35.0 LF $39.00 $1,365.00 20.00 $780.00 52.00 $2,028.00 148.6% A 17 401 21"PVC Storm Main 123.0 LF $20.00 $2,460.00 17.00 $340.00 165.001 $3 300.00 134.1%Me, 402 24"x36"Catch Basin 5.0 EA $1,988.00 $9,940.00 5.00 $9,940.00 100.0% 403 Type A Pipe Backfill Storm 55.0 CY $19.00 $1,045.00 55.00 $1,045.00 55.00 $1,045.00 100.0% 405 Detention Pond w/Flow Control 3.0 EA $10,100.00 $30,300.00 2.00 $20,200.00 2.00 $20,200.00 66.7% 406 42"RCPA Storm Culvert 192.0 LF $146.00 $28,032.00 192.00 $28,032.00 100.0% 407 15"RCP Storm Main 65.0 LF $53.00 $3,445.00 20.00 $1,060.00 20.00 $1 060.00 30.80/ 16-Jan-07 Page 2 r i r r. r r rr rr rr rr - r West Winds Subdivision:Phase 3 BREAK DOWN OF PERIODIC COSTS TO DATE Current Contract Items This Period Total To Date Item No. Item Description uantl Units Unit Price Extended Price uanti Amount Quantity Amount %Comp. 408 21"RCP Storm Main 60.0 LF $65.00 $3,900.00 46.00 $2,990.00 86.00 $5 590.00 143.3% 500 Utility Crossings 2.0 EA $3 533.00 $7 066.00 2.00 $7 066.00 100.0% 505 Traffic Control 1.0 LS $3,674.00 $3,674.00 1.00 $3,674.00 100.0% 506 Gravel Approach to Manhole 1.0 EA $2 369.00 $2,369.00 600 Moblization 1.0 LS $35 716.00 $351716.00 0.25 $8,929.00 0.75 $26,787.00 75.0% COLA Insulation Board 1.0 LS $1715.00 $1,715.00 1.00 $1,715.00 1.00 $1,715.00 100.0% COI:2 Fill Wetlands Area adjacent to Baxter Ln. I.0 LS $13,050.00 $13 050.00 1.00 $13,050.00 1.00 $13,050.00 100.0% COI:3 Subtotal $877,968.00 $131,931.75 $646,192.70 73.6% 16-Jan-07 Page 3 West Winds Subdivision:Phase 3 Change Order Detail Time CO# (Days) Bid Item# Name Quantity Units Unit Price Total Cost 1 0 C01:1 1 lInsulation Board 1 LS $1,715.00 $1,715.00 COI:2 1 Fill Wetlands Area adjacent to Baxter Ln. 1 LS $13,050.00 $13,050.00 Total $14,765.00 Total of All Change Orders To Date: $14,765.00 16-Jan-07 Page 4 � r Inter-office Ori&al to: City of Bozeman Planning Department 20 East Olive Street West Winds Phase 3 PUD#Z-04050A &Major Subdivision#P-06025 HOLD HARMLESS AGREEMENT WEST WINDS PHASE 3 SUBDIVSION & PLANNED UNIT DEVELOPMENT 1 THIS AGREEMENT is made and entered into this day of , 200 , by and between Cascade Development, Inc., 3825 Valley Commons Drive Suite No. 4, Bozeman MT 59718-6436 hereinafter called the "Subdividers", and the City of Bozeman, a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street, P.O. Box 1230, Bozeman,MT 59771-1230, hereinafter called the "City". 1. The Developers agree to release, indemnify and hold harmless the City, its officers, directors, agents and employees from and against any suit, cause of action, claim,cost, expenses,obligation,and liability of any character,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, business or any other entity, arising out of or resulting from, or in connection with the issuance of building permits pursuant to the approved planned unit development for Northside PUD, and City of Bozeman Unified Development Ordinance Section 18.74.030.D. 2. Developers agree 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 Subdividers to release,defend,indemnify and hold harmless the City,will apply to any suit,cause of action, claim,cost or obligation including,without limitation,those alleged under the common law or ' pursuant to a federal or state statute or regulation such as those arising in tort,trespass,nuisance and strict liability. f ' 3. In the event the City is found proportionately responsible,the Developer will be held responsible for only those damages,costs or liabilities as are attributable to the Developer's percent of fault as compared with 100 percent of the fault, giving rise to the damages. The ' indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage of this agreement. Hold Harmless Agreement Page 1 of 3 West Winds Phase 3 PUD#Z-04050A &Major Subdivision#P-06025 4. Should either the City or the Developer 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 in that event,that parry shall release,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 fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further,notwithstanding the obligations set forth in paragraph 3 above,the Developer 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 1 officer, director, agent or employee,then in that event the City agrees to reimburse Developer for reasonable attomey's fees and costs incurred in that defense. CO ORA ON c ' [a h Dunlap Cascade Development, Inc. STATE OF MONTANA ' ss. County of Gallatin ) ` On this day of .�[/eC�rn er , 200j�Q before me, the undersigned, a Notary Public for the State of Montana, personally.appeared John Dunlap, known to me to be n u)ftp vl'- 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. ����ununnn (SEAL) w;9. i'. •41 Printed Na e \%-0TARIq4: Notary Public for State of Montana Residing at: Bozeman, Montana •, S]EAL .-Q Commission Expires: Hold Harmless Agreement Page 2 of 3 ( Inter-office Original to: City of Bozeman Planning Department West Winds Phase 3 PUD#Z-04050A &Major Subdivision#P-06025 CONCURRENT CONSTRUCTION AGREEMENT WITH OCCUPANCY RESTRICTIONS WEST WINDS phase 3 MAJOR SUBDIVSION & PLANNED UNIT DEVELOPMENT 1 THIS AGREEMENT is made and entered into this day of 200_, by and between Cascade Development Inc., 3825 Valley Commons Drive Suite No. 4, Bozeman MT 59718-6436 hereinafter called the "Subdivider," and the City- of Bozeman, a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street, P.O. Box 1230, Bozeman, MT 59771-1230,hereinafter called the "City." rWHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of. approval of a major subdivision preliminary plat application for West Winds Subdivision Phase 3 . to subdivide approximately 12.368 acres into nine (9) residential single household, two (2) residential multi household, one (1) nark area and one (1) common area on property located at ' the northwest corner of the intersection of Hunters Way and Oak Street Lane and legally described yer attached exhibit "B", City of Bozeman, Gallatin County, Montana; and WHEREAS,it is the intent of the Subdividers to obtain building permits(no third party builders per DNR recommendations) to proceed with construction of structures within West Winds Phase 3 (West Winds PUD) prior to installation of all required public infrastructure subdivision improvements in accordance with City of Bozeman Unified Development Ordinance Section 18.74.030.D• and ' WHEREAS,it is the intent and purpose of both the Subdividers and the City to hereby enter.into an Agreement which will guarantee the full and satisfactory completion of the required improvements, related with the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto,to satisfy the improvements guarantee requirements. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as: see attached Exhibit "B", City of Bozeman, Gallatin County, Montana. 1 2: Improvements & Time for Completion of Improvements This Agreement specifically includes all onsite and offske public infrastructure improvements as shown in the Preliminary Plat Application,as conditioned in the Preliminary Plat approval, and as required by the Bozeman Municipal Code. Improvements include those listed in the attached Exhibit A, which is made part of this agreement. The cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive, Suite 2, Bozeman MT 59715. The Subdivider hereby agrees that the required public infrastructure improvements must be completed prior to the occupancy of any structures within the subdivision.In any event, all required improvements shall be completed within the time frame provided herein for the completion of the improvements in order to avoid default on the method of security. 3. Financial Guarantee It is the Subdivider's intent with this Agreement to obtain building permits prior to completion of all public infrastructure improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of a letter of credit, certificate of deposit, or cash valid for at least eighteen (18) months which is one hundred and fifty (150) percent of the estimated cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed b the Subdivider and accepted b the City of Bozeman. The P Y P Y tY financial guarantee is in the form of a issued by in the amount of$ No. dated 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Subdividers are in compliance with this Agreement,and the Subdividers shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. i r 1 r 5. Default Time is of the essence for this Agreement. If the Subdividers 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 deposited in the United States mail addressed to the Subdividers at Cascade Development,Inc.,3825 Valley Commons Drive Suite No.4,Bozeman MT 59718-6436, or such other address as the Subdividers shall provide to the City from time to time, without ibeing 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 rsecure any additional permission required to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdividers. b. The City may enforce any other remedy provided by law. .6. Indemnification The Subdivider shall indemnify,hold harmless,and defend the City 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 his/her agents, employees, or contractors, whether negligent or otherwise, in connection with the performance of work described in this agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct arising from the Subdivider, his/her 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 in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 1 i r r 7. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the Governing Body. 8. Governing Law and Venue 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. 9. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions 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. i 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced I by writing by the parties hereto.. 11. Invalid Provision i . The invalidity or unenforceability of any provision of this Agreement shall not affect the j other provisions.hereof,and this Agreement shall be construed in all respects as if such invalid or � r� unenforceable provision were omitted. 12. No Assignment The responsibilities and benefits of this Agreement to the Subdividers may not be assigned without the express written approval of the City. Such approval may not be withheld unreasonably, but any unapproved assignment is void. There is no prohibition on the right of rthe City to assign its rights under this Agreement. The City shall release the original Subdividers from their liability under this agreement if it accepts and approves a proper assignment from any developer or lender who obtains the property. 1 13. Successors Except as provided in paragraph 12,this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder prior to commencement of construction. 15. Acknowledgement of Increased Risk The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.D, recognize, acknowledge and assume the increased risk if loss because- s certain public services may not exist at the site. 16. Occupancy of Structures The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.D recognize and acknowledge that no structures will be occupied or commencement of any use constructed or proposed within the boundary of the PUD will be allowed until affconditions of the initial Preliminary Plat approval by the City Commission on August 7, 2006 , have been met, and all required infrastructure improvements have been completed, inspected and accepted by the City of Bozeman and a Certificate of Occupancy has been issued. 17. Incremental Issuance of Building Permits The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.D recognize and acknowledge that building permits may be issued incrementally,dependent on the status of installation of the infrastructure improvements,for the West Winds Phase IIA & IIB Subdivision. i 18. Supplemental Fire Hazard and Liability Insurance The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.D will provide fire hazard and liability insurance with the City M named as an additional insured. i I� M CORPORAT h Dunlap ascade Develop ent,Inc. STATE OF MONTANA ss. County of Gallatin ) flip On this _day of P,e 01)f':(' ,200_ before me,the undersigned, a Notary 1 Public for the State of Montana, personally appeared John Dunlap, known to me to be i ,)YAP—C 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. / (Seal) -- ------- �.---------- (Printed Name) Ci /,,��� Notary Public for the State of Montana WAA �''%. Residing at 'F)oZ ernes n My Commission Expires: Q.' -�p,RIA( 0 '.'� (Use 4 digits for expiration year) 1O F 1 1 ,T THE CITY OF BOZEMAN Andrew C. Epple Director of Planning & Community Development STATE OF MONTANA ) :ss County of Gallatin ) On the day of ,200 ,before me,a Notary Public for the State of Montana,personally appeared Andrew C.Epple,known to me to be the person described in and who executed the foregoing instrument as Director of Planning and Community Development of the 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 City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. -SEAL Printed Name Notary Public for State of Montana Residing at: Bozeman, Montana Commission Expires: (Use 4 digits for expiration year) r = e Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision Summary November 13,2006 Bozeman,MT Final Plat Bond Estimate On-Site Improvements 1 LS $863,203.00 $863,203 75% $215,801 OffSite Improvements 1 LS 8230.806.00 $230,806 100% $0 Street Lights 1 LS $8,085.50 $8,886 15% $7,553 Park Improvements(Phase 3 Park) 1 LS $3.500.00 $3.600 0% $3,500 Street Trees and Boul'rvard Landscape 1 LS $4,800.00 $4,800 0% $4,800 Subtotal $1,111,195 .$231,653 Plus 50% $115.827 Total Bond Amount $347.480 i Engineering/Surveying costs are not Included in this estimate. Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision On-Site Improvements 11/13/06 Bozeman,MT OAK STREET IMPROVEMENTS 600 MOBILIZATION,BONDS&INSURANCE 1 LS $35,716.00 $35.716.00 ' 100 EXCAVATION 8000 CY $5.00 $40,000.00 101 EXPLORATORY EXCAVATION 8 HR $350.00 $2,600.00 102 EMBANKMENT 1925 CY $18.00 $34,650:00 103 ASPHALT 1600 TON $50.00 $80,000.00 104 CRUSHED GRAVEL 1850 CY $31.00 $57,350.00 105 BASE GRAVEL 1700.CY $18.00 $30,600.00 106 CURB&GUTTER 3610 LF $10.00 $36,100.00 109 CURB STANDARD FILLET 4 EA $943.00 $3,772.00 111 DOUBLE GUTTER 400 SF $7.00 $2.800.00 113 EXISTING UTILITY RIM ADJUSTMENT 3 EA $344.00 $1,032.00 114 GEOTEXTILE FABRIC 800 SY $1.90 $1,520.00 115.UNCLASSIFIED EXCAVATION 750 CY $5.00 $3,750.00 116 SIGNAGE AND STRIPING 1 LS $11,140.00 $11.140.00 117 DISPOSAL OF TRENCH SPOILS(OFF SITE) 3670 CY $3.00 $11,010.00 200 8"POLY-WRAPPED DIP WATER MAIN 1900 LF $39.00 $74,100.00 201 8"GATE VALVE 7 EA $1,147.00 $8,029.00 202 8"WATER CROSSES,TEES,BENDS 10 EA $397.00 $3,970.00 203 FIRE HYDRANT ASSEMBLY 3 EA $4,035.00 $12,105.00 204 BLOW-OFF ASSEMBLY 6 EA $1,018.00 $6,108.00 205 TYPE 2 PIPE BEDDING(WATER) 140 CY $22.00 $3,080.00 206 TYPE A PIPE BACKFILL(WATER) 1600 CY $19.00 $30,400.00 207 WATER SERVICE CONNECTIONS 9 EA $1,190.00 $10,710.00 208 CONNECT TO EXISTING WATER MAINS 2 EA $12,989.00 $25,978.00 300 8"PVC SEWER MAIN 2280 LF $32.00 $72,960.00 301 48"SS MANHOLE 8 EA $2,333.00 $18,664.00. 303 CONNECT TO EXISTING SEWER MAINS 1 EA $6,091.00 $6,091.00 304 TYPE 2 PIPE BEDDING(SEWER) 200 CY $22.00 $4,400.00 305 TYPE A PIPE BACKFILL(SEWER) 2660 CY $19.00 $50.540.00 306 SANITARY SEWER SERVICE CONNECTIONS 9 EA $1,121.00 $10.089.00 . 309 DEWATERING 1 LS $80,143.00 $80,143.00 403 TYPE A PIPE BACKFILL(STORM) 55 CY $19.00 $1,045.00 400 15".PVC STORM MAIN 35 LF $39.00 $1,365.00 408 15'RCP STORM MAIN 65 LF $53.00 $3,445.00 401.1 21"PVC STORM MAIN 123 LF $20.00 $2,460.00 409 21"RCP STORM MAIN 60 LF $65.00 $3,900.00 402 24"x 36"CATCH BASIN 5 EA $1,988.00 $9,940.00 405 DETENTION POND W/CONTROL STRUCTURE 3 EA $10,100.00, $30,300.00 . 406 42"RCP ARCH CULVERT W/FETS 192 LF $1.46.00 $28,032.00 600 UTILITY CONDUIT CROSSINGS (6"&24"PINES 64'LONG) 2 EA $3,533.00 $7,066.00 506 TRAFFIC CONTROL 1 LS $3,674.00 $3,674.00 507 GRAVEL APPROACH TO SEWER MANHOLE 1 EA $2,369.00 $2,369.00 TOTAL $863,203.00 Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision Oak St. Improvements November 13, 2006 Bozeman, MT OAK STREET IMPROVEMENTS ' -Roadway Improvements 700 Excavation 5864 CY $5.501 $32,252 701 Asphalt 1810 TON $4.7.00 $85;070 1 702 Crushed Gravel 2001 CY $25.00 $50,025 703 Base Gravel 2907. CY $17.60 $49,419 704 Curb and Gutter 630 LF $12.00 $7,560. 705 Double Gutter 94 SF $7.00 $658 706 Existing Utility Rim Adjustment 2. EA $330.00 $660 707 Geotechnical Fabric 1070 SY $1.60 $1,712 708 Signage&Striping 0.3 LS $2,500.00 $750 709 Stormwater Im mvements 1 LS $2,700.00 $2 700 Total Construction Costs $230,806 II i , EXHIBIT PHASE 3 LEGAL DESCRIPTION Beginning at the southwest corner of WEST WINDS SUBDIVISION PHASE 1A, from ' which the center of said section bears.N89°42'S2"E, 1032.61% Thence, South 89142'52" West, 693.92 feet; Thence,North 00°17'08" West, 700.00 feet; Thence North 89142'52" East, 92.12 feet to a point of curvature, concave northerly; Thence, along said curve to the left, having an arc length of 174.34 feet, radius of 470.00 feet, central angle of 21°15'13", and a chord bearing Noah 79°05'16" East, 174.34 feet; Thence, North 68127'39" East, 486.45 feet, to a point of curvature, concave Southerly, Thence, along said curve to the right, having an arc length of 134.39 feet, radius of 330.00 feet, central angle of 23°20'00", and a chord bearing North 80°07'39"East, 133.46 feet; Thence; South 88112'21" East, 79.16 feet; Thence, South 01°47'39" West, 60.00 feet; Thence, North 880 12'21" West, 79.16 feet, to a point of curvature, concave southerly; Thence, along said curve to the left, having an arc length of 109.96 feet, radius of 270.00 feet, central angle of 23°20'00", and a chord bearing South 80"07'39" West, 109.20 feet; Thence, South 68°27'39" West, 132.16 feet, to a point of non-tangent curvature, concave Westerly; Thence, along said curve to the right, having an arc length of 454.65 feet, radius of 1280.00 feet, central angle of 20°21'04", and a chord bearing of South 10027'40" East, 452.26 feet; Thence, South 00017'08" East, 359.16 feet, to the point of beginning, containing 12.368 acres. EXCEPTING AND RESERVING, SUBJECT TO AND TOGETHER WITH, all utility easements as shown on this plat, and subject to all recorded and unrecorded easements. a 1 ��7I -1' ..Uri 41 7R LANE TZR. 4 i�c� ----------- .]TI, L111 M-1 I I �I 1 � III, I L A11*..,^. CY . ........... ................................... ---------- ——— :it C." E lilt .e � \ I I11 LEGEND WEST WINDS COMMUNITY PROPOSED ROAD R*ff CF WAY PROPOSED MAL SYSTEM SW 114 SECTION 2, T.2.S., R.S.E., P.M.M. -- --------- PROPOSED P E LOTASWEff GALLATIN COUNTY, MONTANA ROPOSED LJK E N GINEERINO PROPOSED ROAD CENTERUKE HKM Engineering Inc. EMS111110 WMAMS; McChesney Professional Bldg. PHASE 3 601 Wildes Dr.,S0e 2 OONSIRUCTM ROUTE Bozeman,MT 59715 t, (406)%"834 1 300 CONSTRUCTION ROUTE FIGURE FAX(406)586-1730 iiiiiiiio fed DAM AM 2006 PROJECT NO.04SO57.124 CAp)dOt 0 2004 WN BVInowing kw,M Rl*ft Rom—& 11-3 Montana Department of ENmoNMENTALQUAUTY ____- - Brian Schweitzer,Governor P.O. Bog 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov September 28,2006 HKM Engineering Inc Zachary Lowe PE 601 Nikles Dr Suite 2 Bozeman MT 59715 RE:West Winds Subdivision Phase III Municipal Facilities Exclusion EQ#07-1617 City of Bozeman Gallatin County Dear Mr Lowe: This is to c Environmental Quality relating to . certify that the information and fees received by the Department of Envlro Q ty g this subdivision are.in compliance with 76-4-127,MCA and ARM 17:36.602. Under 76 4-125(2)(d),MCA, this subdivision is not subject'to review, and the plat can be filed with the county clerk and recorder. 1 Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ,Public Water Supply Section's approval is prohibited,and is subject to penalty as prescribed in Title 75, ' Chapter 6 and Title 76, Chapter 4. This file has been given to the Public Water Supply Section for review of the extensions. Sincerely, &anetrland Compliance Specialist Subdivision Section ' Public Water''&'Subdivision-Bureau i (40.6)-444718.01 -email jskaarland@mt.gov'.. cc: City Engineer County Sanitarian file Enforcement Division • Permitting&Compliance Division Planning,Prevention&Assistance Division Remediation Division 1Mae Montana Department of EMRONMENTALQUAUTY Brian Schweitzer,Governor (7 P.O. Box 200901 Helena, MT 59620-0901 - (406) 444-2544 www.deq.mt.gov R:k 6f j r CUi October 9, 2006 _ r Mr. Zachary Lowe;PE B KM Engineering,Inc. 601 Nickles Drive,Suite 2 Bozeman, Montana 59715 Re: EQ 07-1617,City of Bozeman, West Winds Subdivision,Water Main Extension, Gallatin County,Montana Dear Mr. Lowe: . ' The' _. lans .engineering--r o ' and certified: water. main':extension. :checklist 'submitted on p ep rt,..a .. September 25, 2006, with respect to the above referenced project, have been reviewed in �{ accordance:-with.Department.design standard DEQ-1. This project consists of anew water main ■ extension connecting to a new subdivision. Project plans and an engineering report were submitted under the seal and signature of Zachary W. Lowe, PE # 12923PE. At this time the documents submitted have been found to be incomplete with respect to the above referenced design standards. The following deficiencies, identified during the review of the project under consideration, must . be addressed before the Department can approve the project:. ' 10- Use of the certified checklist requires that the owner provide a letter from an independent professional engineer,or one representing the treatment facility owner attesting to the ' available wastewater system capacity. No such letter was found with the application. 10, You must.also contact the city to address their requirements as listed in their review letter iof 9/11/2006. Further-review of this application will continue when the requested documentation is received. ' Please.be aware.the Montana Public Water:Supplies;::.Distnbution:.and.Treatment.Act;.(-MCA- 75- 6-101 through 75-6-121) requires an applicant to gain the Department's approval prior to proceeding<.with construction with respect to this application. Failure to gain prior approval before 'beginning construction is a violation of the Act, and could lead to Department enforcement action. Further review of this application can proceed when written responses, Enforcement Division • Permitting&Compliance Division - Planning,Preveation&Assistance Division - Remediation Division revised plans or other necessary planning document changes are submitted for the Department's consideration. Storm water discharge permits may be required for this project. The applicant is encouraged to contact the Department of Environmental Quality Water Protection Bureau at 444-3080 for more information. Thank you for your efforts to meet our requirements. If there is anything I can do to answer questions or assist,please do not hesitate to call me at(406)444-5313. Sincerely, Sam J. Martinez Environmental Engineer Specialist DEQ,Public Water and Subdivisions Bureau Public Water Supply Section (406)444-5313; samm(Rmt.g_ov 1 cc: Sanitarian—Gallatin County ' File EQ 07-1617. File.MT0000161 . . SJM F:1(BS58810'I-16VGmulLAoc 1 1 4 B02 THE CITY OF BOZEMAN 20 E. OLIVE-P.O. BOX 1230 * * BOZEMAN, MONTANA 59771-1 230 ENGINEERING DEPARTMENT ajH CO O� PHONE: (406)582-2280 - FAX: (406)582-2263 October 11,2006 Mr. Zach Lowe,PE ' 14KM Engineering,Inc. 601 Nikles Drive,Suite 2 Bozeman,MT 59715 RE: West Winds Subdivision Phase 3 -Infrastructure Plans and Specifications ' Dear Zach: The plans and specifications dated September 28,2006,prepared by HKM Engineering,Inc., for the 1 above-referenced project,having been submitted in accordance with the City's Self-Certification Process and being accompanied by a properly signed Self-Certification Checklist, are hereby accepted for construction by the City Engineer.All work performed-under the subject certification must fully comply with the City's Design Standards and Specifications Policy under which the plans were certified. Approval is given subject to the following conditions: I. In accordance with the City of Bozeman Modifications to MPWSS 51'Edition, March 2004,including Addendum Nos. 1 and 2,the Performance and Payment bonds shall be in effect until two years after the date of final completion and acceptance by the City. ' 2. Om Sheet G-2,the title for Sheet D-2 shown in the Sheet Index is different than the title shown on Sheet D-2. Revise as necessary. 3. On Sheet C-3,the right-of way on Hunters Way is shown as 60 ft instead of 65 ft per the, road plans and typical section. Revise as necessary. 4. On Sheet SS-1,SS-2,and D-2,provide a 30 ft wide sanitary sewer easement instead of the 20 ft shown. 5. On Sheet SS-1,itappears there is a sewer main stub at MH#5 but it isn't labeled.Revise as necessary. 6. On Sheet SS-2 and D-2, specify the 12 ft wide gravel road as `all-weather' access. 7. On Sheet W-2,the.west end of the water main does not appear to extend to the end of the proposed end of pavement. Revise as necessary. ' 8. On Sheet D-1,Details 2 and 4,the orifice diameter shown in the note doesn't match the diameter shown in the top view of the flow control manhole. Also, in Detail 4, the difference between the invert in and invert out elevations is 1.1 ft instead of 0.1 ft per the ' Storm Drainage Design report-Revise as necessary. 9. On Sheet D-2, Detail 2 appears to apply only to the all-weather access road to the ' sanitary sewer manhole.However,the hammerhead turnaround note on Sheet C-2 also refers to this detail. Revise as necessary. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK West Winds Subdivision Phase 3-Infrastructure Plans and Specifications October 11,2006 Page 2 of 2 This acceptance pertains only to the above-referenced infrastructure improvements. Other facilities or improvements shown or referenced on the plans, which may be subject to review and approval requirements of other City,County,State, or Federal agencies have not been reviewed or accepted. Any change in these plans and specifications, other than those listed above, shall be submitted to the City Engineer's office for review and acceptance prior to construction. A Preeonstruetion Conference shall be conducted by the project engineer with attendance by the Owner's Contractor, the Engineers Inspector, and the City of Bozeman prior to initiation of construction. Attached is a Preconstruction Meeting Criteria Checklist identifying items which must be addressed or completed prior to scheduling the Preconstruction Conference(note:all.permits listed may not be applicable).. Shop Drawings reviewed and approved by the Project Engineer shall be submitted to this office at least two working days prior to the preconstruction conference. Please contact this office regarding scheduling a date for the preconstruction conference. Prior to initiation of construction,copies of the Contractor's Performance and Payment Bonds,each in an amount equal to 100% of the contract amount, in favor of the Owner, shall be filed with the r Owner and the City of Bozeman. ' Prior to final acceptance by the City of the installed infrastructure,the Project Engineer shall submit a completed,signed and stamped Certified Checklist For Testing&Documentation Requirements For Infrastructure Improvements to the City of Bozeman,and certify to the Montana Department of Environmental Quality that the project was completed in accordance with the approved plans and specifications.The Project Engineer shall also submit a completed,signed and stamped Certificate of Completion and Acceptance to the City of Bozeman.This certification shall be accompanied by 1)an ' accurate and complete set of Mylar Record Drawings signed by the Project Engineer,2) a complete copy of the inspector's daily diary, and 3) a digital format copy of the record drawings. ' This acceptance is given with the understanding that construction will be initiated within one year of this date. If more than one year elapses before the beginning of construction, it shall be necessary to resubmit the plans and specifications for re-acceptance before initiating any subsequent construction. One set of the plans and specifications bearing the City's endorsement are enclosed. If you have any questions,please contact this office. Sincerely, . 0,(OtA �0�0� �. Susan M. Stodola,P.E. Project Engineer cc: Debbie Arkell,Director of Public Service John Alston,Water/Sewer Superintendent Project File ERF Enclosures $OZ ' THE CITY OF BOZEMAN tiff 20 E. OLIVE• P.O. BOX 1230 * * BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT 'qAl�,Co 0 PHONE: (406)582-2280 • FAX: (406) 582-2263 October 11,2006 Mr. Zach Lowe,PE ' HKM Engineering, Inc. 601 Nikles Drive,Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3—Stormwater Design Report Dear Zach: The City of Bozeman has completed its review of the Stormwater Investigation report,dated July,2006 and revised October,2006, submitted for the above referenced project and found it to be acceptable. Please contact me if you have any questions. Sincerely, Susan M. Stodola, P.E.. Project Engineer 1 cc: Project File ERF 1 � 1 i HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK i 002�, THE CITY OF BOZEMAN <Y 20 E. OLIVE•P.O. BOX 1230 * _ * BOZEMAN, MONTANA 5977 1-1 230 �r 883 �e ENGINEERING DEPARTMENT 0. PHONE: (406)582-2280 • FAX:(406) 582-2263 October l 1,2006 Mr. Zach Lowe, PE H-KM Engineering,Inc. 601 Nikles Drive,Suite 2 IBozeman,MT 59715 RE: West Winds Phase 3 -Sanitary Sewer and Water Main Extensions ' Dear Zach: The City of Bozeman is currently reviewing the sewer andwater main extension plans and specifications for the above referenced project Adequate capacity exists in the City's sewer collection system, and adequate pressure and ' capacity exist in the City's water distribution system to provide service for the property served by the proposed extension. In accordance with our policy,City of Bozeman final approval will not be given until the project plans have successfully completed the City's review process and written approval for the project is received from the Montana Department of Environmental Quality. Please contact me if you have any questions.' Sincerely, Susan M. Stodola,P.E. Project Engineer cc: John Alston,Water/Sewer Superintendent Department of Environmental Quality Project File ERF HOME OF MONTANA STATE UNIVERSITY 1 GATEWAY TO YELLOWSTONE PARK �J ' of BU2� THE CITY OF BOZEMAN 20 E. OLIVE• P.O. BOX 1230 V x BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT 9?'rN CVO 0 PHONE: (406) 582-2280 • FAX: (406)582-2263 ' October 10,2006 Mr.. Zach Lowe,PE HKM Engineering, Inc. 601 Nikles Drive, Suite 2 Bozeman, MT 59715 RE: West Winds Phase 3 -Schematic Striping and Signage Plan Dear Zach: The City of Bozeman.has completed its review of the Schematic Striping and Signage Plan dated September 18,2006 submitted for the above referenced project and found it to be acceptable.Approval is.given subject to the following condition: 1. Add another`No Parking' sign on the west side of Hunters Way 20 ft south of the pedestrian crossing at Sta. 4+12.5. Please contact me if you have any questions. Sincerely, rSusan M. Stod6la,RE. . - Project Engineer cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY ' GATEWAY TO YELLOWSTONE PARK THE CITY OF BOZEMAN . 20 E. OLIVE•P.O. BOX 12-30 xBOZEMAN, MONTANA 5977 1-1 230 iOtt S83 '�� ENGINEERING DEPARTMENT eQ:.l.0 , PHONE:(406) 582-2280 • FAX: (406)582-2263 ' September 18,2006 Mr. Zach Lowe,PE HKM.Engineering, Inc. 601 Nikles Drive,Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3—Water Design Report Dear Zach: The City of Bozeman-has completed its review of the Water Distribution Investigation report,dated July '25,2006 and revised September 15,2006,submitted for the above referenced project and found it to be 1 acceptable. Please contact me if you have any questions. . ' Sincerely, F Susan M. Stodola,P.E. Project Engineer cc: Project File ERF i HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 02 ' THE CITY OF BOZEMAN 20 E. OLIVE• P.O. BOX 1230 * * BOZEMAN, MONTANA 59771-1230 ENGINEERING DEPARTMENT 9�,IN C0.' oa PHONE:(406)582-2280 • FAX: (406) 582-2263 September 11,2006 Mr. Zach Lowe,PE HKM Engineering,Inc. 601 Nikles Drive, Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3 -Sanitary Sewer Report Dear Zach: The City of Bozeman has completed its review of the Sanitary Sewer Investigation report dated July 25, 2006 submitted for the above referenced project and found it to be acceptable. The following comments are provided regarding items noted in the report: 1. On the Phase 3 Final Plat,provide a sanitary sewer easement for the sewer main extension that is outside of Phase 3. 2. On the Phase 3 construction plans, provide a 12 foot wide all-weather access road to the sanitary sewer manhole within the park. 3. The Phase 4 sanitary.sewer service stubs may-not be installed until the Phase 4 Preliminary Plat has been submitted and approved. Please-contact me if you have any questions. Sincerely, Susan M. Stodola,P.E. Project Engineer cc: Project File ' ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY WATER PROTECTIONBUREAU/STORM WATER PROGRAM PO Box 200901/Helena,MT159620-0901 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) FORM GENERAL PERMIT FOR STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY 1 IMPORTANT(READ THIS.BEFORE COMPLETING FORIYI): Before completing this form all parties need to read the General Permit,particularly Part IV on SWPPPs. This SWPPP Form is intended to assist operators in developing a SWPPP which complies with Part IV.of the General Permit. The SWPPP is a document which is developed to direct and assist operators in identifying sources of potential pollutants at the construction activity site,and Best Management Practices(BMPs)to be used to help ensure such pollutants do not impact receiving surface waters through storm water runoff. It is the operator's responsibility to ensure all required items in the General Permit are adequately addressed,and that the SWPPP is developed,implemented,and maintained. Additional narrative information may need to supplement this SWPPP Form in order to meet these requirements. A copy of the SWPPP must be maintained at the construction activity site as required in Part I.I.C.of the General Permit. Iteius I through III on this SWPPP Form must state information exactly the same as that.indicated on the NOI Form. Attach additional pages as necessary with the item number on this form indicated. For coverage under the General Permit to be valid upon the submittal of a NOI Package, this package must include a complete NOI Form, SWPPP,and fee. Do not submit these items separately. Mail the NOI Package to the DEQ'address above. The 2002-2006 General Permit,2002 Fee Schedule,and related forms are available from the Storm Water Program at(406)444-3080 or hq://www deq state mt.us/wginfo/MPDES/StormwaterConstniction.gM NOI NUMBER(DEQ will assign when this form(NOI Package)is submitted): MTR10 _ _ _ _ tI. OPERATOR INFORMATION List each party participating in the construction activity—from initiation of construction through final stabilization— that will be an operator as defined in Part V.T.8.of the General Permit.(Examples:primary contractor,project owner,site/land owners,consultants,or other contractors,such as the"final stabilization"contractor).For each operator,briefly describe responsibilities(what,when, where)for ensuring compliance with General Permit requirements. OPERATOR#1 Name:LVOiIliams Plumbing and Heating Phone: (406)587-0969 Mailing Address:12131 Industrial Drive, Bozeman State: MT Zip Code: 59715 Contact Person: dames Keener Phone(if different from above): Operator#1 Responsibilities: Installation of water,sewer,storm drainage, and roadway improvements. 1 08-30-02S WPPPFonnl l.doc OPERATOR#2 Name: Cascade Development Inc I Phone: 406 585-9230 Mailing Address: 3825 Valley Commons Drive,Suite A State: MT Zip Code: 59715 Contact Person:lJohn Dunlap Phone(if different from above): Operator#1 Responsibilities: Owner OPERATOR#3 Name: Phone: Mailing Address: . State:= Zip Code: Contact Person:I Phone(if different from above): Operator#1 Responsibilities: 1 II. INDICATE WIUCH OPERATOR IS RESPONSIBLE FOR: A)Achieving"final stabilization"of the site:Williams Plumbing and Heating B)Submitting the"Notice of Termination"(Specify one operator only):Wiliams Plumbing and Heating M. CONSTRUCTION ACTIVITY INFORMATION(see General Permit for clarification) A).Construction Activity Name:West Winds Phase 3 Subdivision B)Construction Activity Address(or location if no address): SE1/4,NW1/4,section 2,T 2 S,R 5 E C)Construction Activity County: Gallatin D)MDT Project Number/Designation(if applicable): N/A E)Construction Activity Latitude and Longitude(Refer to Part I.C.2.d.of General Permit): N 45°41'38" W 111°04'40" F)Estimated Construction Activity Start Date:JOctober 9,2006 ' G)Estimated Construction Activity Completion Date:JJuly 1,2007 IT)Estimated Final Stabilization Completion Date:ISeotember 30,2007 2 08-30-025 WPPPForml 1.doc IV. GENERAL SWPPP REQUIREMENTS A)If the construction activity includes 20 acres or more in total disturbance related to construction activity,indicate the name,affiliation,and Montana License Number for the registered professional engineer which reviewed and stamped the SWPPP. w Name: Zacha W.Lowe,P.E. FiKIV1 Engineering Inc License No.: 12923 PE �' Affiliation: B)Brief Description of Purpose and Nature of Construction Activity: Constriction of a residential subdivision in the city limits of Bozeman,Montana. i C)Proposed Implementation Schedule for Major Activities(indicate which operators are responsible for each activity)- Site clearing and grading 10/9/06-10/13/06-Williams Plumbing and Heating Utility Installation 10/13f06-11/13/06-Williams Plumbing and Heating Install curb and sidewalks 511/07-5131107-Williams Plumbing and Heating Paving Roads 6/1107-6/31/07-Williams Plumbing and Heating D)Estimate of Total Area of the Site(and all other sites if a phased development project): 12.4 Acres Previous, current&future Phases 140-Acres E)Estimate of Total Area of the Site Expected to Undergo Disturbance Related to Construction Activity: 4.8 Acres F)Check to confum a site map has been developed and included with this SWPPP which indicates all required information stated in Part IV.G.I.c.of the General Permit: YES I 3 08-30-02S WPPPForm 11.doc G)Are sand&gravel excavation,other borrow areas,and/or crushing operations associated with project? Yes r___1 No F7-1 Are temporary asphalt batch plant operations associated with this project? Yes F-1 No[7 1 If yes,be sure to include the requested information about these areas on the site map,or a similar separate map,as Q P stated in Part IV.G.I.c.of the General Permit. I)Describe the character and erodibility of sediment and other earth material to be disturbed at the project site, including cut/fill material to be used: The site is currently used.for hay production with gentle slopes running from 1-2%. The in-situ soils are characterized as 10"-12" of top soil overlaying 3'-6'of day and silt deposits. Gravel is encountered 4'-7'deep. Due to the gentle slopes and tight grain nature of soils erosion should be minimal. Fill material will be 3"minus pitrun and 1"minus road moc that are free draining and not prone to erosion. I)Estimate of Runoff Coefficient and Increase In Impervious Area(refer to Part IV.G.Le.of the General Permit- only applies if total construction-related disturbance is 5 acres or more): ' Pre-development CN 74 Post development CN 90 Increase of Impervious area=15 acres(completed subdivision) .l)Indicate Names of Receiving Waters and Describe the Size,Type,and Location of each Point Source Discharge or Outfall(refer to Part IV.G.11 of General Permit): West Winds PUD is bi-sectioned by a seasonal watercourse know as Cattail Creek or Harmon Ditch. The watercourse is within West Winds Park lands,where minimal excavation proposed within,or directly adjacent to,the water course(with the exception of water course maintenance activity that has been approved by the Corporation of Engineers and one utility crossing). One 'stormwater detention pond will be constructed 50'west of the watercourse. 4 08-30-02SVJPPPFormll.doc K)Describe Storm Water Discharges From Support Activities(refer to Part IV.G.I.g.of General Permit): No batch plants,gravel pit or crushing operation is proposed for the site. The staging area will be limited to a t acre gravel pad. Discharge of stormwater from staging area will flow through undisturbed vegetation and be filtered by a silt fences prior to entering the Harmon Ditch. 1 t f i 1 1 i 1 1 1 1 1 1 1 1 5 08-30-02S WPPPForml l.doc V. SWPPP BEST MANAGEMENT PRACTICES(BMPs)AND STORM WATER MANAGEMENT CONTROLS ' A)Describe Applicable Local Erosion and Sediment Control Requirements: City of Bozeman requires a general permit for stormwater discharge associated with construction activity. Also,use of B.M.P, such as,silt fences and rocked entry/egress points. B)Describe.in detail,temporary BWs and storm water management controls which will be used for erosion and/or sediment control during construction-related earthwork activities. Indicate the location of these measures on the site map required above,or a similar separate map,as much as practicable. Include a schedule for implementation for each of these measures: Attached details and specifications may be used to supplement this description. Refer.to Parts IV-G.2.a.,b.,c..of the General.Permit. Examples;of temporary measures could:include but are not limited to: slope:roughening;vegetative buffer strips;silt fences;straw-bald dikes;erosion control blankets/mats;temporary drain diversions,mp=zing clearing;temporary sediment basins/traps;mulching,temporary seeding;brush barriers,up-slope runoff diversions/controls,mlet/butlet protection;disturbance area runoff diversions/controls; waterway protection;and,ditch runoff flow dispersers(e.g.levee spreaders)/flow inhibitors. The primary BMPs and stormwater management will be vegetative buffer strips and silt fences. The limits of the vegetative buffer strips will be identified and marked at,the start of•the projects. The vegetative strips will be protected by wire fences,signs and silt fences. Silt fences will be installed to protect the watercourses and wetlands. Silt fences will be installed at the start of the project. 44 i 6 08-30-02 S WPPPForml 1.doc Q Describe in detail,permanent and structural BMPs and storm water management controls which will be used for erosion and/or sediment control during and after construction-related earthwork activities. These would include measures to achieve final stabilization(as defined in Part V.T.6.of the General Permit). Indicate the location of these measures on the site map required above,or a similar separate map,as much as practicable. Attached details and specifications may be used to supplement this description. Refer to Parts MG.2.a.,b.of the General Permit. Examples of permanent measures could include but are not limited to: permanent seeding; check dams;retaining walls; drain inlet protection;rock outlet protection; drainage swales;sediment basin&traps;earth dikes;manmade erosion control structures;grassed waterways;sod stabilization;infiltration trenches or basins;subsurface drains; level spreader;terraced slopes;tree or shrub planting;pipe slope drains;vegetative buffer sops;detention ponds; and, containment ponds. For the.completed project,all public roads will be paved. A storm drain system will be installed that will outfall to detention ponds equipped'with oiVwater separators. All disturbed areas will be revegetated. The existing water course through the project is located in a 30-acre Park that has 50'-406'of vegetation on each side of the watercourse. D)Describe what products or wastes may be stored or utilized at the construction activity site,indicate on the site map as required above,and indicate what BMPs will be used to minimize potential pollutants from these materials coming into contact with storm water runoff. Examples of products or wastes could include but is not limited to: fuels;concrete;masonry blocks;solvents;detergents;steel;roofing shingles;fertilizers;paints;tar;pesticides; lumber,other petroleum-based materials;other hazardous materials(including wastes);solid waste;and,concrete truck wastewater disposal. Materials stored on site include:PVC,concrete and ductile iron pipe,manholes,and catchbasins. Concrete trucks will be ' directed to wash-out at approved wash-out locations. S 08730-0-IS WPPPForml l.doc E)Describe any measures that will be used to prevent vehicle tracking of sediment from the construction site onto ' roads(examples include a graveled access entrance and exit drives and parking areas,and a tire wash pad at exit drive): Gravel access pads will be provided at the entrance and egress points on the site. F)When trucking saturated soils from the site, either tight leak-proof trucks must be used or loads must be required to drain until drippage has been reduced to less than l gallon per hour before leaving the site. Will saturated soils be trucked from the site? Yes F__1 No 0 G)Describe man-made-and natural measures to control pollutants in storm water discharges after construction opei ations.have been completed, Refer to:Part IV:K.of the General Permit. Examples include: vegetative watervvays and natural landscape;infiltration trenches or basins;storm water detention structures;wet ponds or man- made wetlands,and;storm water containment structures. Storm water deton6on,facili6es with oil-water separators will be provided. The existing watercourse will lie buffered by undisturbed park land. i I 8 08-30-02S WPPPForml 1.doc 1 1-1)BMPs must minimize or prevent "significant sediment" (as defined in Part V.T.13.of this General ' Permit)from leaving the construction site. If"significant sediment"results from the failure of erosion or sediment control measures, the operator(s) shall evaluate the effectiveness of such measures or other BMPs and incorporate improvements to minimize the potential for"significant sediment". Additionally,if "significant sediment"results from the failure of erosion or sediment control measures,the material must be cleaned up and placed back on the site or disposed of in an acceptable manner. The material must not be washed into the storm sewer(s),drainageway(s),or receiving surface waters. There may be obligations for the operator(s)to obtain other permits or permissions to clean up the"significant sediment." VI. CERTIFICATION. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the ' information submitted Based on.my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my kn edge and belief,true,,accurate,and complete.I am aware that there are significant penalties.for submitting false information, including the possibility..of.fine or imprisonment for knowing violations." James Keener;W1Iliams Plumbing;and Heating project Superintendent P ame of opera 1 or Authorized Representative Title Signature of Operator#1 (Name must match that above) Date ' John DLInIaP A I Owner Print Nfine of Operat Q or at ed Representative Title Si ja a of Operator#2 a must match that above) Date I Print Name of Operator#3 or Authorized Representative Title Signature of Operator#3 (Name must match that above) Date t 9 08-30-02S WPPPForml l.doc _0'. d q\SS_)/28/2�:45 PM I tit tit 777. r. . t . Y_ '•J I r•. r r t r r I f;• t �1�:.• :ram.: r K'. r :t� \ 's: k vet . r r : :. . t 4 Rp, r -- • 1: --N., \� f :i :NTy � 1 I .4. • •P r: S•• 1 r . 1 r. Q } I •Jr. 5 .l'r I' 11 r Q. 1G Y •I Y ��•i I •L y t. 8� .J �' yy ® U I L I • 1 07 0 rn g C � g Z yp N q O a ' $N d� x Z , r N 7 R S ' P A r A e N O. 0 Project No. 04S087.124 •SWPPP.DWC •Date SEPT 2006 •Designed ZWL•Drawn BWD•Checked ZWL •Approved ZWL HKM Engineering Inc. 00 No. Revision By Data �— McChesney Professional Bldg. WEST WINDS PHASE 3 WARNING _ BOZEMAN MONTANA D i; 601 Nikles Dr.,Suite 2 t Bozeman,MT 59715 IF THIS BAR ooEs + NOT MEASURE 1' (406 586-8834 TNEN ORAMNO Is STORM WATER POLLUTION PREVENTION PLAN NOT TO SCALE ENGINEERING �� FAX(406)586-1730 rqc LO AM YP' aY SJ3. -` rs �J, ,` ``•L �.'/ fJ > M1 r ._y 'ak r� i Y AMP ' .�F j r Ate'• yw 7 �`.z .. °;'Y - 4 r rr + i ''r' fNV ds,.,. r�� ritE• XN p j� } C. r'.'-x�, A he,z.. t �-a_J ' LL ::5,, drs�{'. e•.,. �G(xa Lr ru fl:! 0 �iT+.L"Sa,..'. �rr.-:'����i F�� �� .s r � .••� � :. 7 d,r Y � 1, k� IMP AIR R' •t �n'ry"t� "�' r95 L..1r�' •. i \ T 15 rcr ' Ir MA >•r Y, F r� rn Al CL Ln r ? LU LU -i-L�n5-d 'i� •y`-t�1..'-,+. ..i.i;..:'�'4;..'h r-.._ .: G:.fit': ..r.%;'',;:\`tea;t'' '..;•:• NOI NUMBER(DEQ will Assign): MONTANA DEPARTMENT OFENYIRONMENTALQ UALITY WATER PROTECTIONB'UREAU/STORM WATER PROGRAM PO Box 200901/Helena,MT159620-0901 NOTICE OF INTENT (NO-1) FORM GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH.CONSTRUCTION ACTIVITY IMPORTANT:Before completing this form,all.parties need to read the General Permit. For coverage to be valid upon receipt by the Department,all required.items on the form must be completed properly. Responses must be self-explanatory and must not refer ' exclusively to attached maps,plans,or documents. The Storm Water Pollution Prevention Plan(SWPPP)and appropriate fees must accompany the NOI Form. Do not submit these items separately.Mail this NOI Form to the DEQ address above. The 2002-2006 General Permit,2002 Fee Schedule,and related forms are available from the Stone Water Program at(406)444-3080 or the DEQ website: http✓/www.deq.mt.gov/wgWo/MPDES/StormwaterConstruction.asp I. OPERATOR INFORMATION List each party participating in the construction project,from the initiation of construction through"final stabilization",that will be an ' operator as defined in.Part N T.8.of the General Permit. Examples of operators include the primary contractor,project owner,site/land owners,consultants,or other contractors,such as the'104stabilization"contractor. For each operator,briefly describe what their responsibilities are for ensuring compliance with General Permit and SWPPP requirements. OPERATOR#1 Name:Williams Rlumbiri_ and Heatin Phone: (406)587-0969 Mailing Address;1.21311n0ustrial Drive City Bozeman State: MT Zip Code:59715 Contact Person: James Keener Phone(if different from above): Operator Type: Owner Q Contractor ✓_ Consultant Q Other(explain) ' Operator#1 Responsibilities: Installation of water,sewer,storm drainage and roadway improvements. ' OPERATOR#2 .Name: Cascade Develo meet Inc. Phone: 406)585-9230 Mailing Address: 3825 Valle Commons Drive, Suite A City:Bozeman State MT Zip Cade: 59715 Contact Person: Bohn Dunlap Phone(if different from above): C ^� Operator Type: OwnerQ Contractor F-1 Consultant Q Other(explain) Operator#2 Responsibilities: Road sub-grade excavation 03-10-05NOIForm2.doc NOI NUMBER(DEQ will Assign): OPERATOR#3 Name: Phone: Mailing Address: City State:C�Zip Code: ' Contact Person: Phone(if different from above): Operator Type: Owner a Contractor F--1 Consultant F-1 Other(explain) ' Operator#3 Responsibilities: IT.INDICATE WHICH OPERATOR IS RESPONSIBLE FOR: A)Achieving"Final Stabilization"of the site(defined in ARM 17.30.1102(5)or Part V.T.6.of the General Permit):lWilliams P&H B)Submitting.the"Notice of Termination"(Specify-one operator only): Williams Plumbing,and Heating C)Payment of any subsequent annual fees(Specify one operator only): JWiflliaims Plumbing_and Heating III.CONSTRUCTION PROJECT(ACTIVITY)INFORMATION-See General Permit for clarification A)Construction Project Site Name: We; Winds Phase III Subdivision 1 B)Construction Project Site Address(or location if no address): F�' Section 2,T2S,R5E,P.M.M. C)Construction Project Site County: Gallatin ' D)MDT Construction Project Name&Number(if applicable): N/A E)Is this NOI pertaining to support activities for an MDT Construction Project: YES NO ( If YES,provide the NOI Number for the MDT Construction Project: F)Construction Project Latitude and Longitude(See Part I.C.2.d.of General Permit:could use GPS,the USGS topograFhic map,or ' "Topofinder"from http://nris.mt.gov/interactive.htmi): N 45°41'38° W111°04'40" G)Name(s)of Receiving Surface Water(s). Include those potentially receiving storm water runoff that are indicated as perennial or have a name as shown on a USGS Topographic M See Part I.C.2.e.of General Permit)._ Water course through project:Cattail Creek,a.ka.Harmon Ditch 1 03-10-OSNOIForm2.doc r ' NOI NUMBER(DEQ Will Assign): H)Number of named or perennial receiving surface waters indicated in item G(if the total is greater than 5,just indicate 5): r I)Have you provided the required US.GS topographic map showing the construction project site location and receiving surface waters (See Part I.C2.g.of the General Permit-Internet programs may be of use such as"Topofinder"): YES l��J NO J)Type of Construction Project Fee(see Part I.C.2 j.of General Permit),check one only: Commercial or Public 1_7 1;or Residential(single family dwelling) K)Calculate Fees to be attached to the NOI based on the type of Construction Project Fee in Item J: For Commercial or Public Construction Project,to obtain.application(NOI)fee and first calendar-year annual fee,multiply: Number of Receiving Surface Waters in item H� $450 X 2=$900:00. indicate Check Number:F 5.1A ;or ' For Residential(single family. dwelling).Construction Project;to obtain application(NOI)fee(there is no annual fee),multiply: Number of Receiving Surface Waters in item•HE=X$250 $l).t)lj Indicate Check Number. tL).Brief Description of Purpose and Nature of Construction Project: Construction of a residentiatsubdivision in the City of'Bozeman r M)Estimated Construction Project Start Date: October 1,2006 N)Estimated Construction Project Completion Date JJuly 1,2607 O)Estimated"Final Stabilization"Completion Date(defined in ARM 17.30.1102(5)or Part V.T.6.of the General Permit): Sept 2007 P)Estimate of Total Acreage of Construction-related Disturbance: .8 l)Has a SWPPP been developed according to Part IV of the General Permit and submitted with this NOI?YES ✓ NO❑ 'IV,CERTIFICATION (Refer to Part V.G.of the General Permit to determine who qualifies to sign this NOI Form) "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry Of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,.to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine or imprisonment for knowing violations." Jame_s.Keener,Williams Plumbing and Heating Project Superintendent &�Rame' of Operator Authoriied'Representative Title f Operator#I(Name must match that above) Date r John Dunlap Owner Print N a of Op t r# uth Representative Title Si tur of Operator#2 am match that above) Date Print Name of Operator#3 or Authorized Representative Title Signature of Operator#3 (Name must match that above) Date r 03-10-05NOIFornr2.doc r NOI NUMBER(DEQ will Assign): COMPLETION CHECKLIST FOR OPTIONAL USE - THIS PAGE DOES NOT HAVE TO BE SUBMITTED WITH THE NOI PACKAGE - READ CAREFULLY Please make certain that all required information is included in your submittal. 1)Did you complete and include an NOI form? `(�s 2)Did you provide a topographic map with your NOI form? Yrs 1 3)Did you include all necessary fees(both application and annual fees for a commercial or public construction project)? y.s r4)Did you complete and-include.a SWPPP(utilizing the DEQ foam or equivalent).? ' 5)Did you attach appropriate SWPPP site map(s) to your SWPPP? Yps 6)Did you print your names and titles,sign,and date the NOI and SWPPP(one original copy of both documents complete with original signatures are required-there must be no faxed or photocopied signatures)? Y% 7)Did you keep a copy of all the documents for each Operator,including one copy that must be kept at the site?ws 8)Have you read the General Permit to ensure that the documents you are submitting are accurate and adequate? Yes r 03-10-05140IFormldoc � 1 WWTP IM-T _ 'ram—�,�!a - _ ts..*-��'-�.. 's•' # NX ti s fill B z 1 � r� I .:%� -- .. ' 1 E r �i�t 13�`_ 1'�s�a� ;a��f ,•a. - J �.. ,. � �'� � ��<- �3 ' i ..1 t .T�v.�i-�•'1��^W4.�''n =� t�� SY .1�. 3" -( J .'-,-'. - {: S.� LY. .ri. �` � '-� - s �((� �^'.�„�✓� ' "'�ii '*`may� - � +t `�a�� '?1 B ® Imw f14 I =_ - • GALLATYN COMM, s a „ ) " -D I AJ1. FAX 1. 1 Jr owl 10 ro .. ° :PHASE 2B Q r , - P _ PHASE 1B JJA O r..� POPy I P5 P m:. ' c � a 1 L I 2 � . [ t . E 6 E • r + -on ROBd J a w ,� r. : w m■ ■ .e WEST W/NDS commummY SW f/4 SECT/ON 2, T.2.S, R.S.E., P.M.M. G IN[ltING, GALLA T/N COUNTY, MONTANA —N— """""`9''" "9lnc. Wessiord". USGS TOPO GRA PH Y _ Hides Dr.suae 2 MAP MT 59715 i 158&Msao D FIGURE SD-1 fAX(�06(58&17M soo fos. Aut DAM A"K MW Prao,Ec'r M0.o�soa�.lri t 9 2M"M DOWW"hG AM Rldty R...v& y � - , - r � � � � - �- � � � - - � � r - � - _ - - . _ � � - - j . ., . � t � . . r - - . � � �� . . , , � � � � _ ,_ � - , - . ` - , . . . � , . � . , .. � - � , . � . � - � _ � AITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net March 30, 2007 John Dunlap Cascade Development, Inc. 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718-6436 Re: West Winds PUD Phase 3 Concurrent Construction, #P-06025A Dear John: Regarding the West Winds PUD Phase 3 Concurrent Construction Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Concurrent Construction shall be limited to Lots 1 and 2, Block 2, West Winds PUD Phase 3 Subdivision. 2. All construction work within West Winds PUD Phase 3 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 to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20/07. P-06025, West Winds 3, First Security Bank, LOC#010700127, expires 02/16/08. 4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 5. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 6. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to lots within West Winds PUD Phase 3 Subdivision. The revised Concurrent Construction Agreement and Hold Harmless Agreement are attached for you to execute and return for Planning Director's signature. Please provide me with all of the required planning • zoning . subdivision review . annexation . historic preservation . housing . grant administration . neighborhood coordination • documents as soon as possible. No building permits shall be issued until all conditions of approval are fulfilled. A copy of the Planning Director's approval is included for your records. If you have any questions, please contact meat 586-5266 or the Planning Department, 582-2260. Sincerely, Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 601 Nikles Drive, Suite 2, Bozeman, MT 59715 I Page 2 &ITY OF BOZEMAN • wd DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260fax 406-582-2263 20 East Olive Street planning@bozeman.net P.O. Box 1230 "Vww.bozeman.net Bozeman, Montana 59771-1230 March 19, 2007 John Dunlap Cascade Development, Inc. 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718-6436 PLANNING DIRECTOR FINDINGS File Name: West Winds PUD Phase 3 Concurrent Construction Plan File Number: # P-06025A 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 a multi household project 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 Lots 1 and 2, Block 2, West Winds PUD Phase 3 Subdivision. 2. All construction work within West Winds PUD Phase 3 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. planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination 3. All Financial Guarantees for any uncompleted or unaccepted improvements to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20/07. P-06025, West Winds 3, First Security Bank, LOC #010700127, expires 02/16/08. 4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 5. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 6. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to lots within West Winds PUD Phase 3 Subdivision. On this .a day of l , 2007, Andrew C. Epple, AICP; Planning Director, Approved with Conditions this Concurrent Cons ruction 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) months from the date of approval. Andrew C. Epple, AICP; Plannin o iL ctor 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, 601 Nikles Drive, Ste 2, Bozeman, MT 59715 i I Page 2 Inter-office Original t City of Bozeman Planning Department 20 East Olive Street AGREEMENT FOR CONCURRENT CONSTRUCTION IN WEST WINDS PHASE 3 PUD SUBDIVISION THIS AGREEMENT is made and entered into this day of , 2007, by and between Cascade Development, Inc., 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718- 6436, hereinafter called the "Subdivider", and the City of Bozeman, a Municipal Corporation and political subdivision of the State of Montana, with offices at 411 East Main Street,P.O..Box 1230, ` Bozeman MT 59771-1230 hereinafter called the "City". WHEREAS, it is the intent of the Subdivider to obtain building permits to proceed with development of West Winds Phase 3 PUD Subdivision prior to installation of all required subdivision improvements in accordance with Section 18.74.030.1)of the Bozeman Municipal Code; and WHEREAS,it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required ,improvements,related with the property hereinafter described;and it is the intent-of this Agreement, and of the parties hereto,to satisfy the improvements guarantee requirements. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description 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 9 single household lots and 2 multi household lots located north of the intersection of Hunters • Way and Oak Street,as proposed by the Preliminary Plat of West Winds Phase 3 PUD Subdivision, subject to all existing easements or record or of fact. 2. Improvements and Time for Completion of Improvements This Agreement specifically includes:a)Street Improvements -b)Park/Open Space Improvements c)Drainage Improvements,d) Sidewalks,and e)Off site improvements. The Estimated Cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive, Ste 2 Bozeman MT 59715, at Three Hundred Eighty Seven Thousand One Hundred Ninety Two dollars and No cents ($ 387,192.00) and is attached and made a part of this Agreement, as Exhibit A. The Subdivider hereby agrees that the improvements will be completed within four(4)years of the date of initial Preliminary Plat approval by the City Commission,August 7,2006,in order to avoid default on the method of security. 3. Financial Guarantee 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 by First Security Bank, dated, February 15, 2007, in the amount of Three Hundred Eighty Seven Thousand One Hundred Ninety Two dollars and No cents($387,192.00)which is more than one hundred and fifty(150)percent of the Estimated Cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed by the Subdivider and accepted by the City of Bozeman. Said financial security shall be in the form of a surety bond, certificate of deposit, or cash. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and 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 3 PUD Subdivision(P06025A)Concurrent Construction: Page 2 of 8 deposited in the United States mail addressed to the Subdivider at Cascade Development,Inc.,3825 Valley Commons Drive, Ste 4,Bozeman,MT 59718-6436,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 to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider shall indemnify,hold harmless,and defend the City 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 agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct 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 in the defense of Claims and shall_furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions 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 made 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 3 PUD Subdivision(P06025A)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 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 prior written consent of the City. 13. Successors Except as provided in paragraph 12, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Incremental Issuance of Building Permits The Subdivider,in accordance with the terms of Section 18.74.030.D.4 of the Bozeman Municipal Code,recognizes and acknowledges that building permits may be issued incrementally,dependent on the status of installation of the infrastructure improvements, for West Winds Phase 3 PUD Subdivision. 15. Supplemental Fire 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. i 16. Acknowledgement of Increased Risk The Subdivider acknowledges in accordance with the terms of Section 18.74.030.D.6 of the Bozeman Municipal Code,recognizes,acknowledges and assumes the increased risk if loss because certain public services may not exist at the site. West Winds Phase 3 PUD Subdivision (P06025A)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,August 7,2006,have been met,and all required infrastructure improvements have been completed,inspected and accepted by the City of Bozeman and a Certificate of Occupancy has been issued. 18. Interim Services The Subdivider,in accordance with the terms of Section 18.74.030.D.9 of the Bozeman Municipal Code,will execute a separate agreement addressing the provision of any services,deem appropriate by the City, on an interim basis during construction. 19. Hold Harmless and Indemnification Agreement The Subdivider,in accordance with the terms of Section 18.74.030.D.10 of the Bozeman Municipal Code,will execute a separate hold harmless and indemnification agreement indemnifying,defending and holding harmless the City, its employees, agents and assigns 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. 20. Extraordinary Costs The Subdivider,in accordance with the terms of Section 18.74.030.D.11 of the Bozeman Municipal Code, will pay for any extraordinary costs associated with the project which the City may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs. 21. Control 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 a 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 3 PUD Subdivision(P06025A)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 1. Concurrent Construction shall be limited to Lots 1 and 2,Block 2,West Winds PUD Phase 3 Subdivision. 2. All construction work within West Winds PUD Phase 3 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 to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20/07. P-06025, West Winds 3, First Security Bank, LOC #010700127, expires 02/16/08. 4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 5. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 6. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to lots within West Winds PUD Phase 3 Subdivision. CORPORATION John Dunlap Cascade Development, Inc. STATE OF MONTANA ) ss County of Gallatin ) On this day of , 2007, before me, the undersigned, a Notary Public for the State of Montana,personally appeared John Dunlap,known to me to be the Owner of Cascade Development,the corporation that executed the within instrument,and acknowledged to me that 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) West Winds Phase 3 PUD Subdivision(P06025A)Concurrent Construction: Page 6 of 8 • (Seal) . (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2007, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, AICP, known to me to be the person described in and who executed the foregoing instrument as Planning Director of the 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) West Winds Phase 3 PUD Subdivision(P06025A)Concurrent Construction: Page 7 of 8 Appendix A: Cost Estimate E N G I N E E RING � McChesney Professional Building February 12,2007 601 Nikles Drive H:\04\S067124\Fina1 Plat\0702091a-ss-bond darificaGon.doc Suite 2 Bozeman,MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Susan Stoodola City of Bozeman Engineer PO Box 1230 Bozeman,MT 59771-1230 RE:West Winds Phase 3 Bond Dear Ms.Stodola There seems to be some confusion on the bond amount for Phase 3 of West Winds. The Williams Plumbing and Heating pay request that was sent to you has values in the balance to finish column that are in parenthesis. The numbers in parenthesis are due to items that have exceeded the estimated amount and are incidental to the total balance to finish. William's pay request is a little confusing in this'since. Attached is a copy of HKM's progress payment that the owner bases payment off of for the same period as William's. In the upper right hand comer the balance to date and total contract amounts are stated. The difference between the two is$231,775.30,i.e.balance to finish. Below is a summary of the overall bond amount. Final Plat Bond Estimate ar .. J. .,.. . .F,�. Tom... a .. • ._ . ;rf..�- �'�`: _.y:x• x?v;i�i;.il.,:.,�:�:,uK:!r .�..L 1, "Y�:n ,� - 'F I ;ls,ar:n «rTn a• .�,`i ii '';z'i':w[r�- _ „�.,.. :a �ii'45��' h 'n`?�,r,:_c. ;:�• =tit. .:nr y1�'"`:anei3•a .�`��....._..�:`F?:eg. � . . .. :u: �I- .: .....:w.=.�-�. _ ..-.:: :: . 'I:. ,�{ ,:.:v�,:. „;r -`P:,._...e::-: i..;�'i4'�;i��:ii.......4....., .r• ..K._.;._.:,_-s<•�.;,�_�. 5 i1a :•:r1�,�,;R'r.-.-_'.;5,�.�>;�,:;.t ,�.r . :• �4 .L'g"':nu:r..;,1,;!g:ls+;r� ..;;v:..,,,�.�,rr..,T;ikc{nn:Sli4�x.:;l:�ac5,..,,,attic.;_. r':�ct-� t .a _:u r•: t1d'uQFa:. y z.� __ '� d I:'i '+11 a tx i f ; .� g�t: On-Site Improvements 1 LS $877,968.00 $877,968 74% $231,775 Off-Site Improvements 1 LS $238,906.00 $238,906 100% $0 Street Lights 1 LS $8,885.50 $8,886 15% $7,553 Park Improvements (Phase 3 Park) 1 LS $3,500.00 $3,500 0% $3,500 Street Trees/Boulevard Landscape 1 LS $4,800.00 $4,800 0% $4,800 Sidewalks 700 LF $15.00 $10,500 0% $10,500 Subtotal $1,144,560 $258,128 Plus 50% $129,064 [Total Bond Amount $387,192 West Winds Phase 3 PUD Subdivision (P06025A)Concurrent Construction: Page 8 of 8 Inter-office Original to: • City of Bozeman Planning Department 20 East Olive Street CONCURRENT INSTALLATION OF INFRASTRUCTURE HOLD HARMLESS AGREEMENT WEST WINDS PHASE 3 PUD SUBDIVISION. This agreement is made and entered in to this day of , 2007, by and between Cascade Development, Inc., 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718- 6436, 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 harmless the City, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation, and liability of any character, 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, business or any other entity, arising out of or resulting from, or in connection with the issuance of building permits pursuant to the approved Planned Unit Development for West Winds Phase 3 PUD Major Subdivision, and the City of Bozeman Municipal Code Section 18.74.030.D. 2. 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, claim, cost or obligation including, without limitation, those alleged under the common law or West Winds Phase 3 PUD Subdivision(Z04050/P06025A)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 specification of any particular insurance coverage of this agreement. 4. Should either the City or the Subdivider 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 in that event, that party shall release, 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 fees and costs which shall include costs and_salary of the city attorney or other in-house counsel. 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 attorney's fees and costs incurred in that defense. CORPORATION John Dunlap Cascade Development, Inc. STATE OF MONTANA ) ss County of Gallatin ) On this day of , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be the Owner of Cascade Development, 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 3 PUD Subdivision (Z04050/P06025A)Hold Harmless Page 2 of 3 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 Residing at: Commission Expires: (Use 4 digits for expiration year) THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2007, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, AICP, known to me to be the person described in and who executed the foregoing instrument as Planning Director of the 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) West Winds Phase 3 PUD Subdivision(Z04050/P06025A)Hold Harmless Page 3 of 3 CIT&F BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY i DEVELOPMENT phone 406-582-2260 Alfred M. Stiff Professional Building fax 406-582-2263 20 East Olive Street tannin @bozeman.net P.O. Box 1230 p 9 Bozeman, Montana 59771-1230 www.bozeman.net March 30, 2007 John Dunlap Cascade Development, Inc. 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718-6436 Re: West Winds PUD Phase 3 Concurrent Construction, #P-06025A Dear John: Regarding the West Winds PUD Phase 3 Concurrent Construction Plan, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. Concurrent Construction shall be limited to Lots 1 and 2, Block 2, West Winds PUD Phase 3 Subdivision. 2. All construction work within West Winds PUD Phase 3 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 to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20/07. P-06025, West Winds 3, First Security Bank, LOC #010700127, expires 02/16/08. 4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 5. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 6. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to lots within West Winds PUD Phase 3 Subdivision. The revised Concurrent Construction Agreement and Hold Harmless Agreement are attached for you to execute and return for Planning Director's signature. Please provide me with all of the required planning • zoning . subdivision review . annexation . historic preservation . housing • grant administration . neighborhood coordination i documents as soon as possible. No building permits shall be issued until all conditions of approval are fulfilled. A copy of the Planning Director's approval is included for your records. If you have any questions, please contact me at 586-5266 or the Planning Department, 582-2260. Sincerely, Lanette Windemaker, AICP Contract Planner Cc: HKM Engineering Inc., 601 Nikles Drive, Suite 2, Bozeman, MT 59715 Page 2 CI10OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406 582 2260 fax 406-582-2263 20 East Olive Street planning@bozeman.net. P.O. Box 1230 www.bozemon.net Bozeman, Montana 59771-1230 March 19, 2007 John Dunlap Cascade Development, Inc. 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718-6436 PLANNING DIRECTOR FINDINGS File Name: West Winds PUD Phase 3 Concurrent Construction Plan File Number: # P-06025A 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 a multi household project 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 Lots 1 and 2, Block 2, West Winds PUD Phase 3 Subdivision. 2. All construction work within West Winds PUD Phase 3 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. planning zoning • subdivision review • annexation • historic preservation • housing • grant administration neighborhood coordination 3. All Financial Guarantees for any uncompleted or unaccepted improvements to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20/07. 1 P-06025, West Winds 3, First Security Bank, LOC #010700127, expires 02/16/08. 4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 5. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 6. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to lots within West Winds PUD Phase 3 Subdivision. qn this day of �/ , 2007, Andrew C. Epple, AICP; Planning Director, Approved with Conditions this Concurrent Cons ruction 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) months from the date of approval. Andrew C. Epple, AICP; Plannin i !ctor. 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, 601 Nikles Drive, Ste 2, Bozeman, MT 59715 Page 2 Inter-ofce Original to: • • City of Bozeman Planning Department 20 East Olive Street AGREEMENT FOR CONCURRENT CONSTRUCTION IN WEST WINDS PHASE 3 PUD SUBDIVISION THIS AGREEMENT is made and entered into this day of , 2007, by and between Cascade Development, Inc., 3825 Valley Commons Drive, Ste 4, Bozeman MT 59718- 6436, hereinafter called the "Subdivider", and the City of Bozeman, a Municipal Corporation and political subdivision of the State of Montana, With offices at 411 East Main Street, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent of the Subdivider to obtain building permits to proceed with development of West Winds Phase 3 PUD Subdivision prior to installation of a] required subdivision improvements in accordance with Section 18.74.030.1)of the Bozeman Municipal Code; and WHEREAS,it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements,related with the property hereinafter described;and it is the intent-of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description 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 9 single household lots and 2 multi household lots located north of the intersection of Hunters Way and Oak Street,as proposed by the Preliminary Plat of West Winds Phase 3 PUD Subdivision, subject to all existing easements or record or of fact. 2. Improvements and Time for Completion of Improvements This Agreement specifically includes: a)Street Improvements,b)Park/Open Space Enprovements c)Drainage Improvements,d)Sidewalks,and e)Off site improvements. The Estimated Cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive, Ste 2, Bozeman MT 59715, at Three Hundred Eighty Seven Thousand One Hundred Ninety Two dollars and No cents (S 387,192.00) and is attached and made a part of this Agreement, as Exhibit A. The Subdivider hereby agrees that the improvements will be completed within four(4)years of the date of initial Preliminary Plat approval by the City Commission,August 7,2006, in order to avoid default on the method of security. 3. Financial Guarantee 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 by First Security Bank, dated, February 15, r 2007, in the. amount of Three Hundred Eighty Seven Thousand One Hundred Ninety Two dollars and No cents ($387,192.00)which is more than one hundred and fifty(150)percent of the Estimated Cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed by the Subdivider and accepted by the City of Bozeman. Said financial security shall be in the form of a surety bond, certificate of deposit, or cash. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and 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 3 PUD Subdivision (P06025A)Concurrent Construction: Page 2 of 8 deposited in the United States mail addressed to the Subdivider at Cascade Development,Inc.,3825 Valley Commons Drive, Ste 4,Bozeman,MT 59718-6436,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 to do so. In the event that any funds remain from the.financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider shall indemnify,hold harmless,and defend the City 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 agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct 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 in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions 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 made 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 3 PUD Subdivision(P06025A)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 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 prior written consent of the City. 13. Successors Except as provided in paragraph 12,this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Incremental Issuance of Building Permits The Subdivider, in accordance with the terms of Section 18.74.030.D.4 of the Bozeman Municipal Code,recognizes and acknowledges that building permits may be issued incrementally,dependent on the status of installation of the infrastructure improvements, for West Winds Phase 3 PUD Subdivision. 15. Supplemental Fire 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 terms of Section 18.74.030.D.6 of the Bozeman Municipal Code,recognizes,acknowledges and assumes the increased risk ifloss because certain public services may not exist at the site. West Winds Phase 3 PUD Subdivision(P06025A)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,August 7,2006,have been met,and all required infrastructure improvements have been completed,inspected and accepted by the City of Bozeman and a Certificate of Occupancy has been issued: 18. Interim Services The Subdivider, in accordance with the terms of Section 18.74.030.D.9 of the Bozeman Municipal Code,will execute a separate agreement addressing the provision of any services,deem appropriate by the City, on an interim basis during construction. 19. Hold Harmless and Indemnification Agreement The Subdivider,in accordance with the terms of Section 18.74.030.D.10 of the Bozeman Municipal Code,will execute a separate hold harmless and indemnification agreement indemnifying,defending and holding harmless the City, its employees, agents and assigns 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. 20. Extraordinary Costs The Subdivider,in accordance with the terms of Section 18.74.030.D.11 of the Bozeman Municipal Code, will pay for any extraordinary costs associated with the project which the City may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs. 21. Control 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 a 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 3 PUD Subdivision(P06025A)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 l. Concurrent Construction shall be limited to Lots 1 and 2,Block 2,West Winds PUD Phase 3 Subdivision. 2. All construction work within West Winds PUD Phase 3 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 to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20/07. P-06025, West Winds 3, First Security Bank, LOC #010700127, expires 02/16/08. 4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 5. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 6. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to lots within West Winds PUD Phase 3 Subdivision. CORPORATION John Dunlap Cascade Development, Inc. STATE OF MONTANA ) ss County of Gallatin ) On this day of , 2007, before me, the undersigned, a Notary Public for the State of Montana,personally appeared John Dunlap,known to me to be the Owner of Cascade Development,the corporation that executed the within instrument,and acknowledged to me that 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) West Winds Phase 3 PUD Subdivision (P06025A)Concurrent Construction: Page 6 of 8 (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2007, before me, a Notary Public for the State of Montana,personally appeared Andrew C. Epple, AICP,known to me to be the person described in and who executed the foregoing instrument as Planning Director of the 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) West Winds Phase 3 PUD Subdivision(P06025A)Concurrent Construction: Page 7 of 8 Appendix A: Cost Estimate ^.E N G I NEE RING McChesney Professional Building February ,12 2007 601 Nikles Drive H:\041S0671241Final PIat10702091a-ss-bond clarificaG Suite 2on.doc Bozeman,MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Susan Stoodola City of Bozeman Engineer PO Box 1230 Bozeman,MT 59771-1230 RE: West Winds Phase 3 Bond Dear Ms. Stodola There seems to be some confusion on the bond amount for Phase 3 of West Winds. The Williams Plumbing and Heating pay request that was sent to you has values in the balance to finish column that are in parenthesis. The numbers in parenthesis are due to items that have exceeded the estimated amount and are incidental to the total balance to finish. William's pay request is a little confusing in this since. Attached is a copy of HKM's progress payment that the owner bases payment off of for the same period as William's. In the upper right hand comer the balance to date and total contract amounts are stated. The difference between the two is$231,775.30,i.e.balance to finish. Below is a summary of the overall bond amount. Final Plat Bond Estimate r..::l,::d:.....• :a a;.tv, v .r'...,:- .:' :!I'_.:. -_ - n.:iq•::. ..I.._L':i:r:_.. ...�_. ,,...:.)' s. f•r. ,�et}: ch u„A:r}YI'1iR z, :M1,yi '•`,'It:° 'u'u GoF .`c ill. .i �E�cl�=`�:11:,��; n::o,3f v:_...uf:,. hP,. i. .. :!!ItI �i'44•[:.._7•,_ .__...._ _�::..... ,: :I i�`v 'r ,;.:�.��„,.�_.,:,t+.:_`Sf � Y7 .. . .:•,;:,��:�.,�:�..•�.. . '�_....i..!.1:• :�9L(':�fit':�m'= ! r6 Iv - ;?etF�<�r:St"<:`n:w.,:,I. ,v,_.Sr:s.am::r.:;,::n a ._..xl:G', en_.tu�_:'lih::fv ni,';;'Fy�:27�i.11• 1 :7S,il:v ..a,,.;11,.,:,1:•::rM':q'.F_... :3.6y_y n ..iti .a:y�Ci;atuadH ':�.._>:o:�'s�l��...:i,�ttlk�,n:u'I-��!" � :c-. It1�►ailt}► � a ��¢. C9 a:[,A':v:'.'=�P��15'�a}i �pmb:IB�@'. On-Site Improvements 1 LS $877,968.00 $877,968 74% $231,775 Off-Site Improvements 1 LS $238,906.00 $238,906 100% $0 Street Lights 1 LS $8.885.50 $8,886 15% $7,555 Park Improvements(Phase 3 Park) 1 LS $3,500.00 $3,500 0% $3.500 Street Trees/Boulevard Landscape 1 LS $4,800.00 $4,800 0% $4,800 Sidewalks 700 LF $15.00 $10,500 0% $10,500 Subtotal $1,144,560 $258,128 Plus 50% $129,064 [Total Bond Amount $387,192 West Winds Phase 3 PUD Subdivision(P06025A)Concurrent Construction: Page 8 of 8 Inter-office Original to: • • City of Bozeman Planning Department 20 East Olive Street CONCURRENT INSTALLATION OF INFRASTRUCTURE HOLD HARMLESS AGREEMENT WEST WINDS PHASE 3 PUD SUBDIVISION This agreement is made and entered in to this day of , 2007, by and between Cascade Development, Inc., 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718- 6436, 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 harmless th-- City, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation, and liability of any character, 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, business or any other entity, arising out of or resulting from, or in connection with the issuance of building permits pursuant to the approved Planned Unit Development for West Winds Phase 3 PUD Major Subdivision, and the City of Bozeman Municipal Code Section 18.74.030.D. 2. 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, claim, cost or obligation including, without limitation, those alleged under the coon law or West Winds Phase 3 PUD Subdivision(Z04050/P06025A)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 specification of any particular insurance coverage of this agreement. 4. Should either the City or the Subdivider 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 in that event, that party shall release, indemnify and Bold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional act including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. 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 attorney's fees and costs incurred in that defense. CORPORATION John Dunlap Cascade Development, Inc. STATE OF MONTANA ) ss County of Gallatin ) On this day of , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be the Owner of Cascade Development, 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 3 PUD Subdivision (Z04050/P06025A)Hold Harmless Page 2 of 3 7 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 Residing at: Commission Expires: (Use 4 digits for expiration year) THE CITY OF BOZEMAN Andrew C. Epple, AICP .Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2007, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, AICP, known to me to be the person described in and who executed the foregoing instrument .as Planning Director of the 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) West Winds Phase 3 PUD Subdivision(Z04050/P06025A)Hold Harmless Page 3 of 3 f Inter-office Original to: • • City of Bozeman , -Planning Department 20 East Olive Street CONCURRENT INSTALLATION OF INFRASTRUCTURE HOLD HARMLESS AGREEMENT WEST WINDS PHASE 3 PUD SUBDIVISION .. This agreement is made and entered in to this day of , 2007, by and between Cascade Development. Inc., 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718- 6436, 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 harmless the City, its officers, directors, agents and employees from and against any suit, cause of action, .1aim, cost,. expenses, obligation, and liability of any character, 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, business or any other entity, arising out of or resulting from, or in connection with the issuance of building permits pursuant to the approved Planned Unit Development for West Winds Phase 3 PUD Major Subdivision, and the City of Bozeman Municipal Code Section 18.74.030.D. 2. 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, claim, cost or obligation including, without limitation, those alleged under the common law or West Winds Phase 3 PUD Subdivision(Z04050/P06025)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 specification of any particular insurance coverage of this agreement. 4. Should either the City or the Subdivider 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 in that event, that party shall release, 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 fees and costs which shall include costs and salary of the city attorney or other in-house counsel. 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 attorney's fees and costs incurred in that defense. CORPORATION John Dunlap Cascade Development, Inc. STATE OF MONTANA ) ss County.of Gallatin ) On this day of , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be the Owner of Cascade Development, 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 3 PUD Subdivision (Z04050/P06025)Hold Harmless Page 2 of 3 v 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 Residing at: Commission Expires: .(Use 4 digits for expiration_year) THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2007, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, AICP, known to me to be the person described in and who executed the foregoing instrument as Planning Director of the 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) West Winds Phase 3 PUD Subdivision(Z04050/P06025)Hold Harmless Page 3 of 3 Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street AGREEMENT FOR CONCURRENT CONSTRUCTION IN WEST WINDS PHASE 3 PUD SUBDIVISION THIS AGREEMENT is made and entered into this day of , 2007,by and between Cascade Development, Inc., 3825 Valley Commons Drive, Ste 4, Bozeman, MT 59718- 6436, hereinafter called the "Subdivider",.and the City of Bozeman, a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street,P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent of the Subdivider to obtain building permits to proceed with development of West Winds Phase 3 PUD Subdivision prior to installation of all required subdivision improvements in accordance with Section 18.74.030.D of the Bozeman Municipal Code; and WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements,related with the property hereinafter described;and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description 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 aportion of the NW 1/4. Section 2.T2S,R5E,PMM,City of Bozeman, Gallatin County,Montana,consisting i 3 • � i of 9 single household lots and 2 multi household lots located north of the intersection of Hunters Way and Oak Street,as proposed by the Preliminary Plat of West Winds Phase 3 PUD Subdivision, subject to all existing easements or record or of fact. 2. Improvements and Time for Completion of Improvements This Agreement specifically includes: a) Street Improvements,b)Park/Open Space Improvements c)Drainage Improvements,d) Sidewalks,and e)Off site improvements. The Estimated Cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive Ste 2 Bozeman MT 59715, at Three Hundred Eighty Seven Thousand One Hundred Ninety Two dollars and No cents (S 387,192.00) and is attached and made a part of this Agreement, as Exhibit A. The Subdivider hereby agrees that the improvements will be completed within four(4)years of the date of initial Preliminary Plat approval by the City Commission,August 7, 2006,.in order to avoid default on the method of security. 3. Financial Guarantee 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 by First Security Bank,dated,February 7,2007, in the amount of Three Hundred Eighty Seven Thousand One Hundred Ninety Two dollars and No cents (S 387,192.00) which is more than one hundred and fifty (150) percent of the Estimated Cost of said improvements. The financial guarantee shall be in full force and effective until.the work is completed by the Subdivider and accepted by the City of Bozeman. Said financial security shall be in the form of a surety bond, certificate of deposit, or cash. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and 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 West Winds Phase 3 PUD Subdivision (P06025)Concurrent Construction: Page 2 of 7 L or.failure shall continue for a period of thirty(30) days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at Cascade Development,Inc.,3825 Valley Commons Drive, Ste 4,Bozeman,MT 59718-6436,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 to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall.be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. . 6. Indemnification The Subdivider shall indemnify,hold harmless,and defend the City 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 agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct 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 in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing parry 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 made in a good and workman-like manner for a period of two(2)years from the date of their written West Winds Phase 3 PUD Subdivision (P06025)Concurrent Construction: Page 3 of 7 acceptance by the Governing Body. 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 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 prior written consent of the City. 13. Successors Except as provided in paragraph 12,this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Incremental Issuance of Building Permits The Subdivider, in accordance with the terms of Section 18.74.030.D.4 of the Bozeman Municipal Code,recognizes and acknowledges that building permits may be issued incrementally,dependent on the status of installation of the infrastructure improvements, for West Winds Phase 3 PUD Subdivision. 15. Supplemental Fire 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 terms of Section 18.74.030.D.6 of the Bozeman Municipal Code,recognizes,acknowledges and assumes the increased risk if loss because West Winds Phase 3 PUD Subdivision(P06025)Concurrent Construction:Page 4 of 7 certain public services may not exist at the site. 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,August 7. 2006,have been met,and all required infrastructure improvements have been completed,inspected and accepted by the City of Bozeman and a Certificate of Occupancy has been issued. 18.Interim Services The Subdivider, in accordance with the terms of Section 18.74.030.D.9 of the Bozeman Municipal Code,will execute a separate agreement addressing the provision of any services,deem appropriate by the City, on an interim basis during construction. 19. Hold Harmless and Indemnification Agreement The Subdivider,in accordance with the terms of Section 18.74.030.D.10 of the Bozeman Municipal Code,will execute a separate hold harmless and indemnification agreement indemnifying,defending and holding harmless the City, its employees, agents and assigns 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. 20. Extraordinary Costs The Subdivider,in accordance with the terms of Section 18.74.030.D.1.1 of the Bozeman Municipal Code, will pay for any extraordinary costs associated with the project which the City may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs. 21. Control 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 a 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 West Winds Phase 3 PUD Subdivision (P06025)Concurrent Construction: Page 5 of 7 all building and development codes with respect to the horizontal and vertical orientation of the houses. Any non-compliance that is discovered shall be corrected with all costs being bourn by the subdivider. CORPORATION John Dunlap Cascade Development, Inc. STATE OF MONTANA ) ss County of Gallatin ) On this day of , 2007, before me, the undersigned, a Notary Public for the State of Montana,personally appeared John Dunlap,known to me to be the Owner of Cascade Development,the corporation that executed the within instrument,and acknowledged to me that 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 Residing at: Commission Expires: (Use 4 digits for expiration year) THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director West Winds Phase 3 PUD Subdivision (P06025)Concurrent Construction: Page 6 of 7 STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2007, before me, a Notary Public for the State of Montana,personally appeared Andrew C. Epple,AICP,known to me to be the person described in and who executed the foregoing instrument as Planning Director of the 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) West Winds Phase 3 PUD Subdivision (P06025)Concurrent Construction: Page 7 of 7 tl Inter-office Ori ing al toe " City of Bozeman Planning Department West Winds Phase 3 PUD #Z-04050A &Major Subdivision#P-06025 CONCURRENT CONSTRUCTION AGREEMENT WITH OCCUPANCY RESTRICTIONS WEST WINDS phase 3 MAJOR SUBDIVSION & PLANNED UNIT DEVELOPMENT THIS AGREEMENT is made and entered into this day of , 200_, by and between Cascade Development,Inc., 3825 Valley Commons Drive Suite No. 4, Bozeman MT 59718-6436 hereinafter called the "Subdivider," and the City of Bozeman, a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City." WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of approval of a major subdivision preliminary plat application for West Winds Subdivision Phase 3 to subdivide approximately 12.368 acres into nine(9) residential single household, two (2) residential multi household, one (1) park area and one (1) common area on property located at the northwest corner of the intersection of Hunters Way and Oak Street Lane and legally describedyer attached exhibit "B"attached exhibit "B", City of Bozeman, Gallatin County, Montana; and WHEREAS,it is the intent of the Subdividers to obtain building permits(no third party builders per DNR recommendations) to proceed with construction of structures within West Winds Phase 3 (West Winds PUD) prior to installation of all required public infrastructure subdivision improvements in accordance with City of Bozeman Unified Development Ordinance Section 18.74.030.D; and WHEREAS, it is the intent and purpose of both the Subdividers and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements, related with the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto,to satisfy the improvements guarantee requirements. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as: see attached Exhibit "B", City of Bozeman, Gallatin County, Montana. 2. Improvements &Time for Completion of Improvements This Agreement specifically includes all onsite and offshe public infrastructure improvements as shown in the Preliminary Plat Application, as conditioned in the Preliminary Plat approval, and as required by the Bozeman Municipal Code. Improvements include those listed in the attached Exhibit A, which is made part of this agreement. The cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive, Suite 2, Bozeman MT 59715. The Subdivider hereby agrees that the required public infrastructure improvements must be completed prior to the occupancy of any structures within the subdivision. In any event, all required improvements shall be completed within the time frame provided herein for the completion of the improvements in order to avoid default on the method of security. 3. Financial Guarantee It is the Subdivider's intent with this Agreement to obtain building permits prior to completion of all public infrastructure improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of a letter of credit, certificate of deposit, or cash valid for at least eighteen (18) months which is one hundred and fifty (150) percent of the estimated cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed by the Subdivider and accepted by the City of Bozeman. The financial guarantee is in the form of a issued by in the amount of$ No. dated 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Subdividers are in compliance with this Agreement,and the Subdividers 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 Subdividers 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 deposited in the United States mail addressed to the Subdividers at Cascade Development,Inc.,3825 Valley Commons Drive Suite No.4,Bozeman MT 59718-6436, or such other address as the Subdividers 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 to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdividers. b. The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider shall indemnify,hold harmless,and defend the City 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 his/her agents, employees, or contractors, whether negligent or otherwise, in connection with the performance of work described in this agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct arising from the Subdivider, his/her 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 in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the Governing Body. 8. Governing Law and Venue 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. 9. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions 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. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by writing by the parties hereto. 11. Invalid Provision 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 The responsibilities and benefits of this Agreement to the Subdividers may not be assigned without the express written approval of the City. Such approval may not be withheld unreasonably, but any unapproved assignment is void. There is no prohibition on the right of the City to assign its rights under this Agreement. The City shall release the original Subdividers from their liability under this agreement if it accepts and approves a proper assignment from any developer or lender who obtains the property. 13. Successors Except as provided in paragraph 12, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder prior to commencement of construction. 15. Acknowledgement of Increased Risk The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.D, recognize, acknowledge and assume the increased risk if loss because certain public services may not exist at the site. 16. Occupancy of Structures The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.1)recognize and acknowledge 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 on August 7, 2006 , have been met, and all required infrastructure improvements have been completed, inspected and accepted by the City of Bozeman and a Certificate of Occupancy has been issued. 17. Incremental Issuance of Building Permits The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.D recognize and acknowledge that building permits may be issued incrementally,dependent on the status of installation of the infrastructure improvements,for the West Winds Phase IIA & IIB Subdivision. 18. Supplemental Fire Hazard and Liability Insurance The Subdividers,in accordance with the terms of City of Bozeman Unified Development Ordinance Section 18.74.030.D will provide fire hazard and liability insurance with the City named as an additional insured. CORPORATIbN 6 G V'U d �hPunlap Cascade Develop ent, Inc. STATE OF MONTANA ) ss. County of Gallatin ) POO On this _day of r,'ba- ,2006 before me,the undersigned,a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be j-)h.Q r 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year-first above written. (Seal) (Printed Name) •T Y l Q.�;C� �i ,�,�,�� Aui,,,,� Notary Public for the State of Montana A4/ Residing at 7J2ZerYt�n My Commission Expires: lea (Use 4 digits for expiration year) THE CITY OF BOZEMAN Andrew C. Epple Director of Planning& Community Development STATE OF MONTANA ) :ss County of Gallatin ) On the day of ,200 ,before me,a Notary Public for the State of Montana,personally appeared Andrew C.Epple,known to me to be the person described in and who executed the foregoing instrument as Director of Planning and Community Development of the 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 City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) Printed Name Notary Public for State of Montana Residing at: Bozeman, Montana Commission Expires: (Use 4 digits for expiration year) Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision Summary November 13,2006 Bozeman,MT 4 , Final Plat Bond Estimate On-Site Improvements 1 LS $863,203:00 $863,203 75% .$215,801 OffSite Improvements 1 LS $230.806.00 $230.806 100% $0 Street Lights 1 LS $8.885.50 $8,886 15% $7,553 Park Improvements(Phase 3 Park) 1 LS $3,500.00 $3.500 0% $3,500 Street Trees and Boulivard Landscape 1 LS $4,800.0.0 $4,800 0% $4,800 Subtotal $1.111,195 $231,653 Plus 50%, $115,827 Total Bond Amount $347,480 Engineering/Surveying costs are not Included in this estimate. Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision On-Site Improvements 11/13/06 Bozeman, MT OAK STREET IMPROVEMENTS �y e � o 600 MOBILIZATION,BONDS&INSURANCE 1 LS $35.716.00 $35.716.00 100 EXCAVATION 8000 CY $5.00 $40,000.00 101 EXPLORATORY EXCAVATION 8 HR $350.00 $2,800.00 102 EMBANKMENT 1925 CY $18.00 $34,650.00 103 ASPHALT 1600 TON $50.00 $80,000.00 104 CRUSHED GRAVEL 1850 CY $31.00 $57,350.00 105 BASE GRAVEL 1700.CY $18.00 $30,600.00 106 CURB&GUTTER 3610 LF $10.00 $36,100.00 109 CURB STANDARD FILLET 4 EA $943.00 $3,772.00 111 DOUBLE GUTTER 400 SF $7.00 $2,800.00 113 EXISTING UTILITY RIM ADJUSTMENT 3 EA $344.00 $1,032.00 114 GEOTEXTILE FABRIC 800 SY $1.90 $1,520.00 115 UNCLASSIFIED EXCAVATION 750 CY $5.00 $3,750.00 116 SIGNAGE AND STRIPING 1 LS $11,140.00 $11,140.00 117 DISPOSAL OF TRENCH SPOILS(OFF SITE) 3670 CY $3.00 $11,010.00 200 8'POLY-WRAPPED DIP WATER MAIN 1900 LF $39.00 $74,100.00 201 8"GATE VALVE 7 EA $1,147.00 $8,029.00 202 8"WATER CROSSES,TEES,BENDS 10 EA $397.00 $3,970.00 203 FIRE HYDRANT ASSEMBLY 3 EA $4,035.00 $12,105.00 204 BLOW-OFF ASSEMBLY 6 EA $1,018.00 $6,108.00 205 TYPE 2 PIPE BEDDING(WATER) 140 CY $22.00 $3,080.00 206 TYPE A PIPE BACKFILL(WATER) 1600 CY $19.00 $30,400.00 207 WATER SERVICE CONNECTIONS 9 EA $1,190.00 $10,710.00 208 CONNECT TO EXISTING WATER MAINS 2 EA $12,989.00 $25,978.00 300 8"PVC SEWER MAIN 2280 LF $32.00 $72,960.00 301 48"SS MANHOLE 8 EA $2,333.00 $18,664.00. 303 CONNECT TO EXISTING SEWER MAINS 1 EA $6,091.00 $6,091.00 304 TYPE 2 PIPE BEDDING(SEWER) 200 CY $22.00 $4,400.00 305 TYPE A PIPE BACKFILL(SEWER) 2660 CY $19.00 $50,540.00 306 SANITARY SEWER SERVICE CONNECTIONS 9 EA $1,121.00 $10,089.00 309 DEWATERING 1 LS $80,143.00 $80,143.00 403 TYPE A PIPE BACKFILL(STORM) 55 CY $19.00 $1,045.00 400 15"PVC STORM MAIN 35 LF $39.00 $1,365.00 408 15"RCP STORM MAIN 65 LF $53.00 $3,445.00 401.1 21"PVC STORM MAIN 123 LF $20.00 $2,460.00 409 21"RCP STORM MAIN 60 LF $65.00 $3,900.00 402 24"x 36"CATCH BASIN 5 EA $1,988.00 $9,940.00 405 DETENTION POND W/CONTROL STRUCTURE 3 EA $10,100.00 $30,300.00 406 42"RCP ARCH CULVERT W/FETS 192 LF $146.00 $28,032.00 500 UTILITY CONDUIT CROSSINGS (6"&24"PIPIES 64'LONG) 2 EA $3,533.00 $7,066.00 506 TRAFFIC CONTROL 1 LS $3,674.00 $3,674.00 507 GRAVEL APPROACH TO SEWER MANHOLE 1 EA $2,369.00 $2,369.00 TOTAL $863,203.00 i Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision Oak St. Improvements November 13,2006 Bozeman, MT OAK STREET IMPROVEMENTS 110M �Esf'im�"d g U �it e o ua n Pence os, Roadway Improvements 700 Excavation 5864 CY $5.50 $32,252 701 Asphalt 1810 TON $4.7.60 $85,070 702 Crushed Gravel 2001 CY $25.00 $50,025 703 Base Gravel 2907 CY $17.60 $49,419 704 Curb and Gutter 630 LF $12.00 $7,560. 705 Double Gutter 94 SF $7.00 $658 706 Existing Utility Rim Adjustment 2_ EA $330.00 $660 707 Geotechnical Fabric 1070 SY $1.60 $1,712 708 Signage&Striping 0.3 LS $2,500.00 $750 709 Stormwater Improvements 1 LS $2,700.00 $2,700 Total Construction Costs $230,806 • 0 EXHIBIT"B" PHASE 3 LEGAL DESCRIPTION Beginning at the southwest corner of WEST WINDS SUBDIVISION PHASE IA, from which the center of said section bears N89°42'52"E, 1032.61; Thence, South 89°42'52" West, 693.92 feet; Thence,North 00°17'08" West, 700.00 feet; Thence North 89°42'52" East, 92.12 feet to a point of curvature, concave northerly; Thence, along said curve to the left, having an arc length of 174.34 feet, radius of 470.00 feet, central angle of 21°15'13", and a chord bearing North 79'05'16" East, 174.34 feet; Thence,North 68°27'39" East, 486.45 feet, to a point of curvature, concave Southerly; Thence, along said curve to the right, having an arc length of 134.39 feet, radius of 330.00 feet, central angle of 23"20'00", and a chord bearing North 80°07'39" East, 133.46 feet; Thence, South 88'12'21" East, 79.16 feet; Thence, South 01°47'39" West, 60.00 feet; Thence,North 88'12'21" West, 79.16 feet, to a point of curvature, concave southerly; Thence, along said curve to the left, having an arc length of 109.96 feet, radius of 270.00 feet, central angle of 23°20'00", and a chord bearing South 80°07'39" West, 109.20 feet; Thence, South 68°27'39" West, 132.16 feet, to a point of non-tangent curvature, concave Westerly; Thence, along said curve to the right, having an arc length of 454.65 feet, radius of 1280.00 feet, central angle of 20°21'04", and a chord bearing of South 10°27'40" East, 452.26 feet; Thence, South 00°17'08" East, 359.16 feet, to the point of beginning, containing 12.368 acres. EXCEPTING AND RESERVING, SUBJECT TO AND TOGETHER WITH, all utility easements as shown on this plat, and subject to all recorded and unrecorded easements. Gl � Inter-office Original to.. • • City of Bozeman Planning Department 20 East Olive Street West Winds Phase 3 PUD #Z-04050A &Major Subdivision#P-06025 HOLD HARMLESS AGREEMENT WEST WINDS PHASE 3 SUBDIVSION & PLANNED UNIT DEVELOPMENT THIS AGREEMENT is made and entered into this day of , 200_, by and between Cascade Development, Inc., 3825 Valley Commons Drive Suite No. 4, Bozeman MT 59718-6436 hereinafter called the "Subdividers", and the City of Bozeman, a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City". 1. The Developers agree to release, indemnify and hold harmless the City, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses,obligation,and liability of any character,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, business or any other entity, arising out of or resulting from, or in connection with the issuance of building permits pursuant to the approved planned unit development for Northside PUD, and City of Bozeman Unified Development Ordinance Section 18.74.030.D. 2. Developers agree 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 Subdividers to release,defend, indemnify and hold harmless the City,will apply to any suit,cause of action, claim, cost or obligation including,without limitation,those alleged under the common law or 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 Developer will be held responsible for only those damages,costs or liabilities as are attributable to the Developer's percent of fault as compared with 100 percent of the fault, giving rise to the damages. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage of this agreement. Hold Harmless Agreement Page 1 of 3 West Winds Phase 3 PUD04050A &Major Subdivision#P-06020 4. Should either the City or the Developer 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 in that event,that party shall release,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 fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraph 3 above,the Developer 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 Developer for reasonable attorney's fees and costs incurred in that defense. CO ORA ON C A f('a, �oh Dunlap Cascade Development, Inc. STATE OF MONTANA ) ss. County of Gallatin ) On this day of ,0e_&77ber ; , 200� before me, the undersigned, a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be a tj Ke r 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) .�`\p. P •wA,9''o,,��� Q .' •�'i Printed Na e 0TARI,4 ' C' '. Notary Public for State of Montana *: ' *= Residing at: Bozeman, Montana SFAL Q Commission Expires: Hold Harmless Agreement Page 2 of 3 West Winds Phase 3 PUD 04050A &Major Subdivision#P-0602.0 THE CITY OF BOZEMAN Andrew C. Epple Director of Planning & Community Development STATE OF MONTANA ) :ss County of Gallatin ) On the day of ,200 ,before me,a Notary Public for the State of Montana,personally appeared Andrew C. Epple,known to me to be the person described in and who executed the foregoing instrument as Director of Planning and Community Development of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf o= City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) Printed Name Notary Public for State of Montana Residing at: Bozeman, Montana Commission Expires: Hold Harmless Agreement Page 3 of 3 MEMORANDUM Re: West Winds Phase 3 PUD Concurrent Construction#P-06025A 1. Concurrent Construction shall be limited to Lots 1 and 2, Block 2, West Winds PUD Phase 3 Subdivision. 2. All construction work. within West Winds PUD Phase 3 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 to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104, expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20i07. P-06025, West Winds 3, First Security Bank, LOC #010700127, expires 02/16i08. 4. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 5. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 6. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to lots within West Winds PUD Phase 3 Subdivision. 1 MEMORANDUM To: DRC Members From: Lanette Windemaker, AICP; Contract Planner Date: March 7, 2007—One Week Review Re: West Winds Phase 3 PUD Concurrent Construction#P-06025A 1. All Financial Guarantees for any uncompleted or unaccepted improvements to a subdivision phase of the West Winds PUD project shall be viable and unexpired prior to approval. P-05015, West Winds, First Security Bank, LOC #104,.expired 10/13/06. P-06043, West Winds 2, First Security Bank, LOC #010600786, expires 07/20107. P-06025, West Winds 3, First Security Bank, LOC #010700127, expires 02/161'08. 2. An updated Concurrent Construction Agreement and Hold Harmless Agreement shall be executed prior to approval. 3. The updated Hold Harmless Agreement and the Concurrent Construction Agreement shall be recorded prior to issuance of any building permits. 4. All offsite and onsite infrastructure required for the West Winds Phase 3 PUD Subdivision in its entirety shall be installed and accepted prior to occupancy of any buildings, not just the infrastructure within or adjacent to West Winds Phase 3. 5. Concurrent Construction shall be limited to ????????: 1 D. Exception. When municipal water distribution and municipal sanitary sewer collection systems and City streets are g provided to serve a developme roposal occurring under the provisions of Chapt U, BMC, Planned Unit Develop t (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 1. The subject property shall be developed under the provisions of Chapter 1836,BMQ 2. The subdivider or other developer must enter into am improvements agreement to assure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in.the name of the Qq, 3. Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the Engineering Department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; /4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD shall cease until required phases of infrastructure improvements as described in the PUD have been completed,and inspected and accepted by the City, /5. The subdivider shall provide and maintain fire hazard and-liability insurance which shall name the City as.an additional insured and such issuance shall not be cancelled without at least fortrfive days prior notice to the City. The subdivider shall furnish evidence, satisfactory to the City,of all such policies and the effective dates thereof; /6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; 7. 'Me subdivider shall enter into an agreement with the City which provides for predetermined infrastructure funding options; A No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the City, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use shall occur when such action would constitute a safety hazard in the opinion of the City, /9. The subdivider shall enter into an agreement with the City to address the provision of any services on an interim basis during construction, if deemed appropriate; 110. The subdivider shall execute a hold harmless and indemnification agreement indemnifying,defending and holding harmless the City,its employees,agents and assigns 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 under this section; i 11. The subdivider shall pay for any extraordinary costs associated with the project which the City may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extra6rdinary administrative costs;and 12. The development shall be under the control of a single developer and all work shall be under the supervision of a single general contractor. E. Notwithstanding the provisions of Section D above, the City may limit the scope, type and n„mhPr of nrniPrre PlivihlP fnr CImllltanPnllC ronsmu-rion consideration. FOUR CORNERS COMMUNITY PLAN VISION STATEMENT POLICIES AND STRATEGIES (As Adopted 4/11/6) 1. Protect the right to farm and ranch by: I.1. S:apporting development standards that protect agricultural activities: �. " �;,• ,; •�a:;: m���iic of i�il •i_�hhn;L. ••.t�❑nd;��.,,:. "f usCs mi�:rd I � I,or!IC e„ ,! xr fac!. __,:itcl. .;to rights. ,:uat.�ul"gru%Nth.A kLlL 11C public services shall be provided as thr needs for such services occur. 2.3. Having commercial development along major arterials (not to exceed approximately an 1/8 mile from the arterial), discouraging incompatible • Seeks to balance protection of private property rights with the properly rights of commercial development on secondary roads. others. 2.4. Discouraging uses that negatively affect neighborhood values. Support compatible home-based businesses. • Proactively protects the natural and social environment from degradation by existing and future development. 3. Support the provision of parks,recreation areas and open space by: 3.1. Establishing and supporting plans and policy for parks, trails and open space systems that integrate with each other and county and city plans. 3.2. Encouraging the establishment of open space,parks and trails along the Gallatin River and other waterways. 3.3. Supporting establishment of setbacks along the Gallatin River and other waterways. Four.Cofners Community Plan_ (as adopted 4/I i/6)_�___ ___.__ - Four Comers_Community Plan=(as adopted 4/I I/6)____ E N G IN E E R ING 601Nikles Drive,Ste 2 D � � � Bozeman,MT 59715 �J Phone(406)586-8834 FEB 2 7 200T Fax(406)586-1730 TRANSMITTAL LETTER DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT ----------------- Project Name&Locations: West Winds Phase 3 Concurrent Construction Name: Lanette Windemaker Date: 2/27/2007 20 E Olive St. Project No.:04S067.124 Bozeman,Mt WE TRANSMIT: ® herewith ❑ under separate cover via ❑ in accordance with your request FOR YOUR: ® approval ❑ distribution to parties ❑ information ❑ record ❑ review&comment ❑ use ❑ other THE FOLLOWING: ❑ drawings ❑ shop drawing prints ❑ samples ❑ specs ❑ shop drawing reproducible ❑ product literature ❑ change order ❑ progress estimates ® other Action Copies Date Description Code 10 2/8/07 Concurrent Construction Action Code: A-No Exception Noted B -Corrections Required C-Revise&Resubmit D-For signature&return to this office REMARKS Lanette As requested attached are 10 copies of the Concurrent Construction Request for Phas 3 ow West Winds Subdivision. COPIES TO: BY: Paul Yakawich A.E N O o, r: E R I "W.A. McChesney Professional Building 601 Nikles Drive a Suite 2 Bozeman, MT 59715 February 8, 2007 Phone: 406.586.8834 H:\04\S067124\Final Plat\0702081a4 1w.doc Fax: 406.586.1730 www.hkminc.com Ms. Lanette Windemaker IE CIE � V City of Bozeman Planning Office D P.O. Box 1230 FEB 16 2 7 Bozeman,MT 59771 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT RE: West Winds Phase 3 Major Subdivision: Concurrent Construction Request Dear Ms. Windemaker: On behalf of Cascade Development, HKM Engineering is submitting this formal request for concurrent construction for the above-referenced subdivision. Please find the enclosed materials required by they City of Bozeman for concurrent construction. If you have any questions, or need further information, please contact Clint Litle or me at 586-8834. Sincerely, HKM Engineering,Inc.-- Zach Lowe, P.E. enclosures BILLINGS,MONTANA BUTTE,MONTANA BUTTE LABORATORY MILES CITY,MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406 723.8213 406.494.1502 406.234.6666 307.672.9006 307.332.3265 Exhibit C Concurrent Construction Application West Winds.Phase 3 Major Subdivision The following is our response to the twelve elements for concurrent construction per Seztion 18.74.030.D of the BMC on behalf of Cascade Development, Inc. The italicized text is our response. 1. The subject property shall be developed under the provisions of Chapter 18.36,BMC; The subject project, Wlest Winds Phase 3 Subdivision, is a phased part of the approved Planned Unit Development per Chapter 18.36 BMC. 2. The subdivider or other developer must enter into an improvements agreement to assure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city,with said guarantee to be in the name of the City; Cascade Development, Inc agrees to, and has executed, the city provided `Improvements Agreement" andprovided financial guarantee for the completion of the improvements. The executed agreement is enclosed with this submittal. An irrevocable letter of credit for 150% of the estimated improvements has been provided. 3. Approval of the final engineering design,including location and grade, for the infrastructure project must be obtained from the Engineering Department, and the Montana Department of Environmental Quality when applicable,prior to issuance of any building permit for the development; The final engineering design has been reviewed and approved by the City Engineering Department and MDEQ. See enclosed approval letters. 4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD shall cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the City; So noted, all underground utility work is approved and construction commenced on October 19, 2006 when water, sewer and storm improvements were installed;construction will resume in Spring 2007 to complete the subdivision roads. It is requested that building permits be issued for single- family, townhouse and multi family parcels as submitted to the building department. 5. The subdivider shall provide and maintain fire hazard and liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The subdivider shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof; So noted, see enclosed insurance certificate. 6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; So noted, as acknowledged by the enclosed, executed `hold harmless'agreement. 0 Exhibit C 0 Concurrent Construction Application West Winds Phase 3 Major Subdivision (cont.) 7. The subdivider shall enter into an agreement with the City which provides for predetermined infrastructure funding options; So noted, see enclosed Improvements Agreement"with City. 8. No occupancy of any structures commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the City, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use shall occur when such action would constitute a safety hazard in the opinion of the City; So noted, no occupancy until a certificate of occupancy has been issued by the City. 9. The subdivider shall enter into an agreement with the City to address the provision of any services on an interim basis during construction,if deemed appropriate; Agreed, see enclosed Improvements Agreement. 10. The subdivider shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City,its employees, agents and assigns 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 under this section; Agreed, see enclosed, executed `hold harmless'agreement. 11. The subdivider shall pay for any extraordinary costs associated with the project which the City may identify,including, but not limited to, additional staff hours to oversee the planning, engineering, and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administra-ive costs; So noted, see enclosed, executed `Improvements Agreement". 12. The development shall be under the control of a single developer and all work shall be under the supervision of a single general contractor. Agreed, Cascade Development, Inc. will supervise the project. H:\04\S067124\Final Plat\070208la4 Conc-construction.doc 2 2/8/2007@4:27 PM 1023/2006 10:40 FAX 4065561257 Cascade Homes ; HKM la 002/003 J'g I�A7e dHMIOdYYYY) AGAV. CERTIFICATE OF LIABILITY INSURANCE CJ% 3. 10/23/06 PROINXER THRI CERTB4CATE IB IBWOED AS A MATTER OF NFORMAl" Eivat ~lest, YTac. ONLY AND O NFEAS NO RMOHTB UPON THE CERTMATE PO Sox 1900 HOLDER.THIS CER i ICATE DOES NOT ABA,MTEND OR 1905 Bta AUM 11T ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. soxamn mg 5973.5 Phone:406-S87-5111 raal::406-SB6-0271 IN6URER$AFFORDBI000VERAGE MC NitA� NBUE2A apq,pq>sr�srxs NIISU M B: J96C: Leo a lure. PAUMN o' HTS1,17�1 E• COVERAGES THE POLICIES OF NSULAN(.'E USM 813MV INVE BEEN ISSLED TO THE II6U fff)WMM ABOVE FOR THE POLICY PIER100 PMICATW.NOTVrTRft,TANDINO ANY REOIARFJMU,TERM OR COWRION OF AMP CCWRkCr OR OTH M OOCUMEW MR H RESPECTTO ftN TH S CEFMFIGTE MAYBE ISSUM OR ANY PFRTAK 7K WSIpANCE AFFORIO BY THE POLICES DESCREM HE ON IS MA EGT TO ALL Pf JOW PICIA01:1NB AND CONDITIONS OF BUCIi POLIC0,AGM6ATE LWM V*nW IAAY WAvE BW REDUCED BY PAID OLAMG 77R Mil T7PB OR l61✓RAl10f pmjcv M Lam OENIM LLNiJiY EACH OCCURRENCE 63,000,000 A Y Z COMNERCL•LGEhEtALUABILRY CaP6802274 06/91/06 08/91/07 i 100 000 77 csruAls MAOE ZZ COWR IM O(P(AV mw pww) c 5 000 POZSDNAL A AOV IMJJW 6180001P000 GENE LAGGIRMAX f2 006,000 ISM AGG+EzGATE LpIMpRAmes PER. WIOOUCIS-COI ww AGG i 2,000,OO D PO4 .L+CT 1CY Loc MITa�iO4LE COMIMM SINGLE UWT A, ANT AUTO CLPSB02374 08/31/06 08/31/07 (E8-dd 'U i 1,000,000 ALL CMAED ADIOS DODILNJ M( Z HIREDAUIOS BOOP'v IfamAy M Y X410 +lam AUTM ) a PROPERIY DAMAGE i (Per-,d i CARAGELIABLRI' AUTOaNLY-EAAC=r.NT a ANY AUTO OffIN YKAN EA ACC: i ANO ONLY' AGG i I1RwllA>t■I■LLA LNMRT EACH OCU1►FANCe 11,000,000 . A OCCUR []CWMsmum CLPS082374 00/31/06 08/91/07 A@6FEOAM S1,000,000 a DEDUCTIBLE i X RE7FM1oN 10 0 wr u°OiI�I�TTr110N ADO T ANY PROPRIETaRRAR(Ir) QlI1VE £�,EACH MxII7f3�f i aFFl IZJ-OISEASE•EA BOLOYC£ a Ity��d.vHo.undr SP6CUu.MaVLSI0t�t5 bsbw El.Oft ow-POLICY LIATT S OIIHBt 1 It is understood and agreed that the certificate holder is an additioaai Insured, but only in respects to liability riainq out of the activities os the Cases instated. MOwnsral Liability !es West Winds Subdivision pre3wt CrER7U ICATE HOLDER CANCELLATION CT'gMS WOU LOAWCPTMAwUC011ClOIOPOLICr MCAWCOLLBD9WORETli WPWl ATION OMM tiQ .TIE RHRHNC NNRIiR WLL OOL WOR To IIAL 46 4M T>f11RT91 ==To 7te CNffF CA7l W LM NAIL 7n T7e LET.!UT PMAM To DO W ONLL City Of ft2esaa NF NNOONJIMd1aRLOaLRYOFAWHeyHVONTtEr0jRKITVAa MCR PO soar 1290 ItePI�AHItr� Bozeman >!!5.' 59771-1.290 OE ACORD 25(MMAM AGOR0 CORPORATION 1886 10/23/2006 10:41 FAX 4065561257 Cascade Homes HKM 003/003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy*)must be endorsed. A statement on this certftate does not confer rights to the cefific*e holder in fieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the temps and conditions of the policy,certain policies may require an endorm,a,. A statemerrt on this certificate does not corrft rights to the certificate holder in lieu of such endorsement(s). DISCLASIR;llt The Certificate of insurance on the mverse We of this form does not consftft a contract between the Issuing Insuregs),authorized mpresenteM or producer,and the certificate holder, nor does It airinnativey or negabv*amend, extend or altar the ca+erWe afforded by the policies listed thereon. ACMD 25( MMB) . 0 ® '00% First Security Bank %001 February 15, 2007 City of Bozeman Attention: Planning Department PO Box 1230 Bozeman, MT 59771-1230 Re: Cascade Development, Inc. - West Winds;Phase 3 Letter of Credit No. 010700127 To Whom It May Concern: We hereby open our irrevocable standby Letter of Credit in your favor for the account of Cascade Development, Inc., 3825 Valley Commons Drive, #1, Bozeman, MT 59715, for a sum not to exceed the aggregate amount of$387,192.00, Three hundred eighty-seven thousand one hundred ninety-two dollars and zero in U.S. Dollars available by your one or more clean drafts drawn at sight on us. Each draft so drawn must be marked "drawn under First Security Bank, 208 East Main Street, P.O. Box 910, Bozeman, Montana 59771-0910, irrevocable standby Letter of Credit No. 010700127" and be accompanied by a signed statement from the City of Bozeman that Cascade Development, Inc. has failed to honor its contractual agreement. This credit is subject, so far as applicable, to the "Uniform Customs and Practice for Documentary Credits" 1993 Revision, the International Chamber of Commerce Publication No. 500. We hereby agree that all drafts so drawn under and in compliance with the terms of this Letter of Credit will be duly honored if drawn and presented for payment to our main office, First Security Bank, 208 East Main Street, P.O. Box 910, Bozeman, Montana 59771-0910. This Letter of Credit will terminate on February 16, 2008 at 5:00 pm. Sinc e , Russell C. Nelson Senior Vice President RCN/smn P.O. Box 910 • Bozeman, MT 59771-0910 406-585-3800 Fax: 406-585-3802 www.ourbank.com Inter-office Original to: City of Bozeman Plan*Department 20 East.Olive Street West Winds PUD #Z-04050A &Major Subdivision#P-06025 SUBDIVISION IMPROVEMENTS AGREEMENT WEST WINDS PHASE 3 SUBDIVSION & PLANNED UNIT DEVELOPMENT THIS AGREEMENT is made and entered into this day of , 200_, by and between Cascade Development, Inc., 3825 Valley Commons Drive Suite No. 4, Bozeman MT 59718-6436 hereinafter called the "Subdividers", and the City of Bozeman, a Municipal Corporation and political subdivision of the State of-Montana,with offices at 411 East Main Street, P.O. Box 1230, Bozeman,MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of approval of a major subdivision preliminary plat application for West Winds Subdivision Phase 3 to subdivide approximately 12.368 acres into nine (9) residential single household, two (2) residential multi household, one (1) park areas and one (1) common area on property located at the northwest corner of the intersection of Hunters Way and Oak Street exhibit "B", City of Bozeman, Gallatin County, Montana; and WHEREAS, it is the intent of the Subdivider to obtain Final Plat approval; and WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the requirements and guarantee improvements for the conditional approval of said subdivision application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as: see attached Exhibit "B", City of Bozeman, Gallatin County, Montana. Subdivision Improvements Agreement Page 1 of 7 0 West Winds Phase 3 PUD#Z-04050A &Major Subdivision#P-06025 2. Improvements & Time for Completion of Improvements This Agreement includes all on-site and off-site subdivision improvements as shown in the Preliminary Plat Application, as conditioned in the Preliminary Plat approval, and as required by the Bozeman Municipal Code. Improvements include those described below and listed in the attached Exhibit A, which is made part of this agreement. The list and cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive, Suite 2, Bozeman MT 59715. The Subdivider hereby agrees that the following improvements must be installed within one (1) year of the date of City Commission final plat approval: water, sewer, stormwater facilities,transportation facilities (streets,street lights,trails,sidewalks adjacent to public lands, etc.),parks and common opensRace facilities and landscaping,The Subdivider hereby agrees that sidewalks adjacent to individual lots must be installed within three (3) years of the City Commission final plat approval,or with Building Permits for individual lots,whichever occurs first.In any event,all required improvements shall be completed within the time frame provided herein for the completion of the improvements in order to avoid default on the method of security. 3. Financial Guarantee It is the Subdivider's intent to file the final subdivision plat prior to the completion of all subdivision improvements.Therefore,this Agreement shall be secured by a financial guarantee valid for at least eighteen (18) months which is one hundred and fifty (150) percent of the estimated cost of said improvements. The financial guarantee is in the form of a issued by , in the amount of$ No. dated 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and 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. Subdivision Improvements Agreement Page 2 of 7 West Winds Phase 3 PUD#Z-04050A &Major Subdivision#P-06025 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 deposited in the United States mail addressed to the subdivider,Cascade Development,Inc.,3825 Valley Commons Drive Suite No.4,Bozeman MT 59718-6436,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 Subdivider shall permit and secure any additional permission required.to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider shall indemnify,hold harmless,and defend the City 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 his/her agents, employees, or contractors, whether negligent or otherwise, in connection with the performance of work described in this agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct arising from the Subdivider, his/her agents, or employees not providing to the Municipality, its agents or employees, information relevant to the subject Subdivision Improvements Agreement Page 3 of 7 West Winds Phase 3 PUD #Z-04050A &Major Subdivision#P-06025 matter of this agreement. The parties shall cooperate in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the Governing Body. 8. Governing Law and Venue 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. 9. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any.of the terms or conditions 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. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the parties hereto. 11. Invalid Provision 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 The responsibilities and benefits of this Agreement to the Subdividers may not be assigned without the express written approval of the City. Such approval may not be withheld unreasonably, but any unapproved assignment is void. There is no prohibition on the right of the City to assign its rights under this Agreement. The City shall release the original Subdividers from their liability under this agreement if it accepts and approves a proper assignment from any developer or lender who obtains the property. Subdivision Improvements Agreement Page 4 of 7 West Winds Phase 3 PUD #Z-04050A &Major Subdivision#P-06025 13. Successors Except as provided in paragraph 12,this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the Final Plat is filed. CORPORAT N JXhrfDunlaP Cascade Develop lent, Inc. STATE OF MONTANA ) ss. County of Gallatin ) On this day of r?be�, 2006 before me, the undersigned, a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be ©LA) n.2(` 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. , (Seal) ��Q'NOTAR/q :� Printed Name 196L60: 1,( r(TL"A _ < • Notary Public for the State of Montana * '• Residing at u' My Commission Expires: UU / �F MoP```�� (Use 4 digits for expiration year) amniim� Subdivision Improvements Agreement Page 5 of 7 West Winds Phase 3 PUD #Z-04050A &Major Subdivision#P-06025 THE CITY OF BOZEMAN Andrew C. Epple Director of Planning & Community Development STATE OF MONTANA ) :ss County of Gallatin ). On the day of ,2006,before me,a Notary Public for the State of Montana,personally appeared Andrew C.Epple,known to me to be the person described in and who executed the foregoing instrument as Director of Planning and Community Development of the 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 City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) Printed Name Notary Public for State of Montana Residing at: Bozeman, Montana Commission Expires: (Use 4 digits for expiration year) Subdivision Improvements Agreement Page 6 of 7 :0. E N G I N E E RING O McChesney Professional Building February 12, 2007 601 Nikles Drive H:\04\S067124\Final Plat\0702091a-ss7bond clarification.doc Suite 2 Bozeman, MT 59715 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Susan Stoodola City of Bozeman Engineer PO Box 1230 Bozeman, MT 59771-1230 RE: West Winds Phase 3 Bond Dear Ms. Stodola There seems to be some confusion on the bond amount for Phase 3 of West Winds. The Williams Plumbing and Heating pay request that was sent to you has values in the balance to finish column that are in parenthesis. The numbers in.parenthesis are due to items that have exceeded the estimated amount and are incidental to the total balance to finish. William's pay request is a little confusing in this since. Attached is a copy of HKM's progress payment that the owner bases payment off of for the same period as William's. In the upper right hand corner the balance to date and total contract amounts are stated. The difference between the two is $231,775.30, i.e. balance to finish. Below is a summary of the overall bond amount. Final Plat Bond Estimate ¢ Y 'stimatei �y Y '°' � � a % ffitoF VAIRg'N �W, �� �T�`tk���Costn�sh On-Site Improvements 1 LS $877,968.00 $877,968 74% $231,775 Off-Site Improvements 1 LS $238,906.00 $238,906 100% $0 Street Lights 1 LS $8,885.50 $8,886 15% $7,553 Park Improvements (Phase 3 Park) 1 LS $3,500.00 $3,500 0% $3,500 Street Trees/Boulevard Landscape 1 LS $4,800.00 $4,800 0% $4,800 Sidewalks 700 LF $15.00 $10,500 0% $10,500 Subtotal $1,144,560 $258,128 Plus 50% $129,064 [Total Bond Amount $387192 BILLINGS,MONTANA BUTTE,MONTANA BUTTE LABORATORY MILES Crr',MONTANA SHERIDAN,WYOMING LANDER,WYOMING 406.656.6399 406.723.8213 406.494.1502 406.234.6666 307.672.9006 307.332.3285 I hope that this clears up the discrepancies. Please feel free to contact our office if you have any more questions or comments. Sincerely, HKM Engineering Inc. Paul Yakawich, EI Enclosure H PERIODIC APPLICATION FOR PROGRESS PAYMENT TO CONTRACTOR E N G I N E E R I N G Project Name: West Winds Subdivision:Phase 3 Contract No.: Estimate No. 2 HKM Job No.: 04S067.124 Location: Bozeman,MT Start Date 11/18/2006 Owner's Name and Address Contractor's Name and Address Orgcial Contract Information End Date 12/17/2006 Cascade Development,Inc. Williams Plumbing&Heating,Inc. Contract Date: 10/17/2006 Period Total $131,931.75 3825 Valley Commons Dr. P.O.Box 10 Notice to Proceed: 10/19/2006 Total To Date $646,192.70 Suite#4 Bozeman MT 59771-0010 Bozeman MT 59718 Work Started: 10/19/2006 Contract Tot. $877,968.00 Contract Time(Days): 230 %Complete 73.6 Contract Amt: $0.00 Contract Time 0 to Date: CHANGE ORDERS This Period To Date Number Time(Days) Amount Total of All Schedules: $131,931.75 $646,192.70 1 0 14,765.001 Materials Delivered(Invoices Attached): $0.00 $0.00 Subtotal: $131,931.75 $646,192.70 Total 0 14,765.00 Less Materials on Site,In place: $0.00 $0.06 +Original Contract 230 0.00 Subtotal: $131,931.75 $646,192.70 =Revised Contract 230 14,765.00 Less 5% Retainage $6,596.59 $32,309.64 Subtotal: $125,335.16 $613,883.07 Plus Retainage Adjustment: $0.00 $0.00 Subtotal: $125,335.16 $613,883.07 Less 0% $0.00 $0.00 Subtotal: $125,335.16 $613,883.07 Less Liquidated Damages: $0.00 $0.00 • Subtotal: $125,335.16 $613,883.07 Less Backcharges: $0.00 $0.00 Subtotal: $125,335.16 $613,883.07 Less Previous Payments: - $488,547.90 CERTIFICATION OF CONTRACTOR Total Due Contractor this Estimate: -125,335.17 The undersigned contractor certifies that all previous progress payments received under this Payment of amount due this a Ilcation reCommended/a roved by: contract have been applied to discharge in full all obligations of the Contractor incurred in TITLE SIGNATURE DATE connection with this work and that all work covered by this Application for Payment is in accordance with the contract documents and not defective as that term is defined in the Contract Documents. Contractor: Date: 16-Jan-07 Pagel West Winds Subdivision:Phase 3 BREAK DOWN OF PERIODIC COSTS TO DATE Current Contract Items This Period Total To Date Item No. Item Description Quantity Units Unit Price Extended Pricel I QuantityAmount Quantity I Amount %Comp. Base Bid 100 Excavation 8,000.0 CY $5.00 $40,000.00 8,000.00 $40,000.00 100.0% 101 Exploratory Excavation 8.0 HR $350.00 $2,800.00 8.00 $2,800.00 100.0% 102 Embankment 1,925.0 CY $18.00 $34,650.00 3,331.00 $59,958.00 173.0% 103 Asphalt 1,600.0 Tons $50.00 $80,000.00 104 Crushed Gravel 1,850.0 CY $31.00 $57,350.00 105 Base Gravel 1,700.0 CY $18.00 $30,600.00 1,285.00 $23,130.00 75.6% 106 Curb and Gutter 3,610.0 LF $10.00 $36,100.00 109 Curb Standard Fillet 4.0 EA $943.00 $3,772.00 SI I I Double Gutter 400.0 SF $7.00 $2,800.00 113 Existing Utility Rim Adjustment 3.0 EA $344.00 $1,032.00 114 Geotextile Fabric 800.0 SY $1.90 $1,520.00 253.001 $480.70 31.6% 115 Unclassified Excavation 750.0 CY $5.00 $3,750.00 1,406.00 $7,030.00 187.5% 116 Si na eandStri in 1.0 LS $11,140.00 $11,140.00 117 Disposal of Trench Spoils off site 3,670.0 CY $3.00 $11,010.00 2,970.00 $8,910.00 80.9% 200 8"Poly-wrapped DIP Water Main 1,900.0 LF $39.00 $74,100.00 1,881.00 $73,359.00 99.0% 201 8"Gate Valves 7.0 EA $1,147.00 $8,029.00 8.00 $9,176.00 114.3% f [ 202 8"Water Crosses,Tees,&Bends 10.0 EA $397.00 $3,970.00 14.00 $5,558.00 140.0% 203 Fire Hydrant Assembly 3.0 EA $4,035.00 $12,105.00 3.00 $12,105.00 100.0% 204 Blow off Assembly 6.0 EA $1,018.00 $6,108.00 3.00 $3,054.00 50.0% 205 Type 2 Pipe Bedding Water 140.0 CY $22.00 $3,080.00 206 Type A Pipe Backfill Water 1,600.0 CY $19.00 $30,400.00 1,040.00 $19,760.00 65.0% 207 3/4"Water Service Connection 9.0 EA $1,190.00 $10,710.00 9.00 $10,710.00 100.0% 208 Connect to Existing Water Main 2.0 EA $12,989.00 $25,978.00 2.001 $25,978.00 100.0% 300 8"PVC Sewer Main 2,280.0 LF $32.00 $72,960.00 1,121.00 $35,872.00 2,198.00 $70,336.00 96.4% AM 301 48"SS Manhole 8.0 EA $2,333.00 $18,664.00 3.00 $6,999.00 9.00 $20,997.00 112.5% t 303 Connect to Existing SS Main 1.0 EA $6,091.00 $6,091.00 1.00 $6,091.00 1.00 $6,091.00 100.0% 304 T e 2 Pipe Bedding Sewer 200.0 CY $22.00 $4,400.00 305 Type A Pipe Backfill(Sewer) 2,660.0 CY $19.00 $50,540.00 675.00 $12,825.00 1,739.00 $33,041.00 65.4% 306 SS Service Connection 9.0 EA $1,121.00 $10,089.00 9.00 $10,089.00 100.0% 307 Site Dewatering 1.0 LS $80,143.00 $80,143.00 0.25 $20,035.75 1.00 $80,143.00 100.0% 400 15"PVC Storm Main 35.0 LF $39.00 $1,3.65.00 20.00 $780.00 52.00 $2,028.00 148.6% A 11 401 2 1"PVC Storm Main 123.0 LF $20.00 $2,460.00 17.00 $340.00 165.00 $3,300.00 134.1%AA z 402 24"x36"Catch Basin 5.0 EA $1,988.00 $9,940.00 5.00 $9,940.00 100.0% 403 Type A Pi eBackfill Storm) 55.0 CY $19.00 $1,045.00 55.00 $1,045.00 55.00 $1,045.00 100.0% 405 Detention Pond w/Flow Control 3.0 EA $10,100.00 $30,300.00 2.00 $20,200.00 2.00 $20,200.00 66.7% 406 42"RCPA Storm Culvert 192.0 LF $146.00 $28,032.00 192.00 $28,032.00 100.0% 407 115"RCP Storm Main L65.0 LF $53.00 1 $3,445.00 1 20.001 $1,060.00 11 20.00 $1,060.00 30.8% 16-1an-07 Page 2 West Winds Subdivision:Phase 3 BREAK DOWN OF PERIODIC COSTS TO DATE Current Contract Items This Period Total To Date Item No. Item Description QuantityUnits Unit Price Extended Price uanti Amount Quantity Amount %Comp. 408 21"RCP Storm Main 60.0 LF $65.00 $3,900.00 46.00 $2,990.00 86.001 $5,590.00 143.3% 500 Utility Crossings 2.0 EA $3,533.00 $7,066.00 2.001 $7,066.00 100.0% 505 Traffic Control 1.0 LS $3,674.00 $3,674.00 1.00 $3,674.00 100.0% 506 Gravel Approach to Manhole 1.0 EA $2,369.00 $2,369.00 600 Moblization 1.0 LS $35,716.00 $35,716.00 0.25 $8,929.00 0.75 $26,787.00 75.0% COI:1 Insulation Board 1.0 LS $1,715.00 $1,715.00 1.00 $1,715.00 1.00 $1,715.00 100.0% CO1:2 I rFi17]Wetlands Area adjacent to Baxter Ln. 1.0 LS $13,050.00 $13,050.00 1.00 $13,050.00 1.00 $13,050.00 100.0% COI:3 Subtotal $877,968.00 $131,931.75 $646,192.70 73.6% s 16-Jan-07 Page 3 West Winds Subdivision:Phase 3 Change Order Detail Time CO# (Days) Bid Item# Name Quantity Units Unit Price Total Cost 1 0 C01:1 1 Insulation Board 1 LS $1,715.00 $1,715.00 C01:2 1 Fill Wetlands Area adjacent to Raxter Ln. I LS $11,050.00 $13,050.00 Total $14,765.00 Total of All Change Orders To Date: $14,765.00 • 16-Jan-07 Page 4 s _ Montana Depaa•tment of � EMRONMENTAL QUALITY Brian Schweitzer,Governor P.O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov September 28,2006 E KM Engineering Inc Zachary Lowe PE 601 Nikles Dr Suite 2 Bozeman MT 59715 RE: West Winds S:ubdivis on Phase III Municipal Facilities Exclusion EQ#07-1617 City of Bozeman Gallatin County Dear Mr Lowe: This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are incompliance with 764-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d),MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA). Construction of water or sewer extensions prior to DEQ,Public Water Supply Section's approval is prohibited,and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been given to the Public Water Supply Section for review of the extensions. Sincerely, *n& C Janet Skaarland Compliance Specialist Subdivision Section Public Water.&Subdivision-Bureau (4016)4447-1801 -email jskaarland@mt.gov... cc: City Engineer County Sanitarian file Enforcement Division • Permitting&Compliance Division Planning,Prevention&Assistance Division Remediation Division a Montana Department of Brian Schweitzer,Governor P.O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov irp r. •[ply 3 -. a�_ n n r7r Up October 9, 2006 r. ------------------ Mr. Zachary Lowe;PE B KM Engineering, Inc. 601 Nickles Drive, Suite 2 Bozeman,Montana 59715 Re: EQ 07-1617, City of Bozeman, West Winds Subdivision, Water Main Extension, Gallatin County, Montana Dear Mr. Lowe: ~. .. . The --,plans,..-.engineering. report;. -and certified::water. main:.extension. ;checklist submitted on September 25, 2006, with respect to the above referenced project, have been reviewed in accordance:with.Department design standard DEQ-1. This project consists of a new water main extension connecting to a new subdivision. Project plans and an engineering report were submitted under the seal and signature of Zachary W. Lowe, PE # 12923PE. At this time the documents submitted have been found to be incomplete with respect to the above referenced design standards. The following deficiencies, identified during the review of the project under consideration, must . be addressed before the Department can approve the project:. 00- Use of the certified checklist requires that the owner provide a letter from an independent professional engineer,or one representing the treatment facility owner attesting to the available wastewater system capacity. No such letter was found with the application. 110. You must also contact the city to address their requirements as listed in their review letter of 9/11/2006. Further review.of this application will continue when the requested documentation is received. Pjease.be'dware Ahe.Montana Public_Water.Supplies;:;Distnbution:and.Treatment:Act..(MCA 757 6-101 through 75-6-121) requires an applicant to gain the Department's approval prior to proceeding,with construction with respect to this application. Failure to gain prior approval before beginning construction is a violation of the Act, and could lead to Department enforcement action. Further review of this application can proceed when written responses, Enforcement Division • Permitting&Compliance Division • Planning,Prevention&Assistance Division • Remediation Division revised plans or other necessary planning document changes are submitted for the Department's consideration. Storm water discharge permits may be required for this project. The applicant is encouraged to contact the Department of Environmental Quality Water Protection Bureau at 444-3030 for more information. Thank you for your efforts to meet our requirements. If there is anything I can do to answer questions or assist,please do not hesitate to call me at(406)444-5313. Sincerely, Sam J. Martinez Environmental Engineer Specialist DEQ,Public Water and Subdivisions Bureau Public Water Supply Section (406)444-5313; sammPnit.gov cc: Sanitarian—Gallatin County File EQ 07-1617. File MT0000161 . SJM F-.M58=7.1617D i.11.dac B02�'rjT THE CITY OF BOZEMAN U�r 9x 20 E. OLIVE-P.O. BOX 1230 * * BOZEMAN, MONTANA 59771.1230 O 9rt _ 883 ENGINEERING DEPARTMENT CO. O� PHONE: (406)582-2280 - FAX: (406) 582-2263 October 11,2006 Mr. Zach Lowe,PE HKM Engineering,Inc. 601 Nikles Drive,Suite 2 Bozeman, MT 59715 RE: West Winds Subdivision Phase 3 - Infrastructure Plans and Specifications Dear Zach: The plans and specifications dated September 28,2006,prepared by HKM Engineering,Inc., for the above-referenced project,having been submitted in accordance with the City's Self-Certification Process and being accompanied by a properly signed Self-Certification Checklist, are hereby accepted for construction by the City Engineer.All work performed under the subject certification must fully comply with the City's Design Standards and Specifications Policy under which the plans were certified. Approval is given subject to the following conditions: 1. In accordance with the City of Bozeman Modifications to MPWSS 51'Edition,March 2004,including Addendum Nos. 1 and 2,the Performance and Payment bonds shall be in effect until two years after the date of final completion and acceptance by the City. 2. On Sheet G-2,the title for Sheet D-2 shown in the Sheet Index is different than the title shown on Sheet D-2. Revise as necessary. 3. On Sheet C-3,the right-of way on Hunters Way is shown as 60 ft instead of 65 ft per the: road plans and typical section. Revise as necessary. 4. On Sheet SS-1,SS-2,and D-2,provide a 30 ft wide sanitary sewer easement instead of the 20 ft shown. 5. On Sheet SS-1,it appears there is a sewer main stub at MH#5 but it isn't labeled.Revise as necessary. 6. On Sheet SS-2 and D-2, specify the 12 ft wide gravel road as `all-weather' access. 7. On Sheet W-2, the.west end of the water main does not appear to extend to the end'of the proposed end of pavement. Revise as necessary. 8. On Sheet D-1,Details 2 and 4,the orifice diameter shown in the note doesn't match the diameter shown in the top view of the flow control manhole. Also, in Detail 4, the difference between the invert in and invert out elevations is 1.1 ft instead of 0.1 ft per the Storm Drainage Design report.Revise as necessary. 9. On Sheet D-2, Detail 2 appears to apply only to the all-weather access road to the sanitary sewer manhole.However,the hammerhead turnaround note on Sheet C-2 also refers to this detail. Revise as necessary. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK West Winds Subdivision Phase 3 -Infrastructure Plans and Specifications October 11,2006 Page 2 of 2 This acceptance pertains only to the above-referenced infrastructure improvements. Other facilities or improvements shown or referenced on the plans, which may be subject to review and approval requirements of other City, County,State, or Federal agencies have not been reviewed or accepted. Any change in these plans and specifications, other than those listed above, shall be submitted to the City Engineer's office for review and acceptance prior to construction. A Preconstruction Conference shall be conducted by the project engineer with attendance by the Owner's Contractor, the Engineer's Inspector, and the City of Bozeman prior to initiation of construction. Attached is a Preconstruction Meeting Criteria Checklist identifying items which must be addressed or completed prior to scheduling the Preconstruction Conference(note:all permits listed may not be applicable). Shop Drawings reviewed and approved by the Project Engineer shall be submitted to this office at least two working days prior to the preconstruction conference. Please contact this office regarding scheduling a date for the preconstruction conference. Prior to initiation of construction,copies of the Contractor's Performance and Payment Bonds,each in an amount equal to 100% of the contract amount, in favor of the Owner, shall be filed with the Owner and the City of Bozeman. Prior to final acceptance by the City of the installed infrastructure,the Project Engineer shall submit a completed,signed and stamped Certified Checklist For Testing&Documentation Requirements For Infrastructure Improvements to the City of Bozeman,and certify to the Montana Department of Environmental Quality that the project was completed in accordance with the approved plans and specifications.The Project Engineer shall also submit a completed,signed and stamped Certificate of Completion and Acceptance to the City of Bozeman.This certification shall be accompanied by 1)an accurate and complete set of Mylar Record Drawings signed by the Project Engineer, 2) a complete copy of the inspector's daily diary, and 3) a digital format copy of the record drawings. This acceptance is given with the understanding that construction will be initiated within one year of thin date. If more than one year elapses before the beginning of construction, it shall be necessary to resubmit the plans and specifications for re-acceptance before initiating any subsequent construction. One set of the plans and specifications bearing the City's endorsement are enclosed. If you have any questions,please contact this office. Sincerely, Susan M. Stodola, P.E. Project Engineer cc: Debbie Arkell,Director of Public Service John Alston,Water/Sewer Superintendent Project File ERF Enclosures BO2�,`�t THE CITY OF BOZEMAN U�y 9x 20 E. OLIVE• P.O. BOX 1230 * * BOZEMAN, MONTANA 59771-1 230 7 + 883 ���Q ENGINEERING DEPARTMENT CO. O PHONE: (406) 582-2280 • FAX: (406)582-2263 October 11,2006 Mr. Zach Lowe,PE HKM Engineering, Inc. 601 Nikles Drive,Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3 Stormwater Design Report Dear Zach: The City of Bozeman has completed its review Of the Stormwater Investigation report,dated July,2006 and revised October,2006, submitted for the above referenced project and found it to be acceptable. Please contact me if you have any questions. Sincerely, Susan M.Stodola,P.E.. Project Engineer cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK o9J5Q67.124 c3co DO2�'.� THE CITY OF BOZEMAN �y `� • 20 E. OLIVE•P.O. BOX 1230 U x BOZEMAN, MONTANA 5977 1-1 230 * 9tt 88 ENGINEERING DEPARTMENT 9TrN CO. 0 PHONE: (406)582-2280 • FAX: (406) 582-2263 October 11,2006 Mr. Zach Lowe,PE HKM Engineering,Inc. 601 Nikles Drive, Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3 -Sanitary Sewer and Water Main Extensions Dear Zach: The City of Bozeman is currently reviewing the sewer and water main extension plans and specifications for the above referenced project. Adequate capacity exists in the City's sewer collection system, and adequate pressure and capacity exist in the City's water distribution system to provide service for the property served by the proposed extension. In accordance with our policy,City of Bozeman final approval will not be given until the project plans have successfully completed the City's review process and written approval for the project is received from the Montana Department of Environmental Quality. Please contact me if you have any questions. Sincerely, Susan M. Stodola,P.E. Project Engineer cc: John Alston,Water/Sewer Superintendent Department of Environmental Quality Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 300 BU2� THE CITY OF BOZEMAN ti 9 • 20 E. OLIVE• P.O. BOX 1230 U x BOZEMAN, MONTANA 59771.1230 9�r 883v �� ENGINEERING DEPARTMENT gArN CO 0 PHONE: (406) 582-2280 • FAX: (406) 582-2263 October 10,2006 Mr. Zach Lowe,PE HKM Engineering, Inc. 601 Nikles Drive, Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3 -Schematic Striping and Signage Plan Dear Zach: The City of Bozeman. has completed its review of the Schematic Striping.and Signage Plan dated September 18,2006 submitted for the above referenced project and found it to be acceptable.Approval is given subject to the following condition: 1. Add another`No Parking' sign on the west side of Hunters Way 20 ft south of the pedestrian crossing at Sta.4+12.5. Please contact me if you have any questions. Sincerely, . . `mil-�y��� • . . Susan M. Stodola,.RE. . Project Engineer. cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ti►/ 802�' THE CITY OF BOZEMAN 20 E.OLIVE• P.O. BOX 1230 * * BOZEMAN, MONTANA 5 977 1-1 230 ENGINEERING DEPARTMENT 'qAl�CO. PHONE: (406)582-2280 • FAX: (406) 582-2263 September 18,2006 Mr. Zach Lowe,PE HKM Engineering, Inc. 601 Nikles Drive,Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3—Water Design Report Dear Zach: The City of Bozeman-has completed its review of the Water Distribution Investigation report,dated July 25,2006 and revised September 15,2006,submitted for the above referenced project and found it to be acceptable. Please contact me if you have any questions. . Sincerely, Susan M. Stodola, P.E. Project Engineer cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK _ d 45cto T 8O2 THE CITY OF BOZEMAN ti 9 20 E.OLIVE•P.O. BOX 1230 V x BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT CO. O� PHONE: (406)582-2280 • FAX: (406) 582-2263 I September 11,2006 Mr. Zach Lowe,PE HKM Engineering, Inc. 601 Nikles Drive, Suite 2 Bozeman,MT 59715 RE: West Winds Phase 3 -Sanitary Sewer Report Dear Zach': The City of Bozeman has completed its review of the Sanitary Sewer Investigation report dated July 25, 2006 submitted for the above referenced project.and found it to be acceptable. The following comments are provided regarding items noted in the report: 1. On the Phase 3 Final Plat,provide a sanitary sewer easement for the sewer main extension that is outside of Phase 3. 2. On the Phase 3 construction plans, provide a 12 foot wide all-weather access road to the sanitary sewer manhole within the park. 3. The Phase 4 sanitary.sewer service stubs maynot be installed until the Phase 4 Preliminary Plat has been submitted_and approved. Please contact me if you have any questions. Sincerely, Susan M.Stodola,P.E. Project Engineer cc: Project File ERF HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK MONTANA DEPARTMENT OFENYIRONMENTAL QUALITY WATER PROTECTIONBUREAU/STORM WATER PROGRAM PO Box 200901/Helena,MT/59620-0901 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) FORM GENERAL PERMIT FOR STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY IMPORTANT(READ THIS BEFORE COMPLETING FORAM): Before completing this form all parties need to read the General Permit,particularly Part IV on SWPPPs. This SWPPP Form is intended to assist operators in developing a SWPPP which complies with Part IV.of the General Permit. The SWPPP is a document which is developed to direct and assist operators in identifying sources of potential pollutants at the construction activity site,and Best Management Practices(BMPs)to be used to help ensure such pollutants do not impact receiving surface waters through storm water runoff. It is the operator's responsibility to ensure all required items in the General Permit are adequately addressed,and that the SWPPP is developed,implemented,and maintained. Additional narrative information may need to supplement this SWPPP Form in order to meet these requirements. A copy of the SWPPP must be maintained at the construction activity site as required in Part III.C.of the General Permit. Items I through III on this SWPPP Form must state information exactly the same as that.indicated on the NOI Form. Attach additional pages as necessary with the item number on this form indicated. For coverage under the General Permit to be valid upon the submittal of a NOI Package, this package must include a complete NOI Form, SWPPP,and fee. Do not submit these items separately. Mail the NOI Package to the DEQ address above. The 2002-2006 General Permit,2002 Fee Schedule,and related forms are available from the Storm Water Program at(406)444-3080 or httv•//www deq state mt us/wginfo/NTDES/StorinwaterConstruefion.M. NOI NUMBER(DEQ will assign when this form(NOI Package) is submitted): MTR10 _ _ _ _ I. OPERATOR INFORMATION List each party participating in the construction activity—from initiation of construction through final stabilization— that will be an operator as defined in Part V.T.8.of the General Permit.(Examples:primary contractor,project owner,site/land owners,consultants,or other contractors,such as the"final stabilization"contractor).For each operator,briefly describe responsibilities(what,when, where)for ensuring compliance with General Permit requirements. OPERATOR#1 Name: Williams Plumbing and Heating Phone: (406)587-0969 Mailing Address: 2131 Industrial Drive, Bozeman State: MT Zip Code: 59715 Contact Person:Pames Keener Phone(if different from above):�T1 Operator#1 Responsibilities: Installation of water,sewer,storm drainage, and roadway improvements. 1 08-30-02S WPPPForml l.doc OPERATOR#2 Name: Cascade Development Inc Phone: (406)585-9230 ~� Mailing Address: 3825 Valley Commons Drive,Suite A State: MT Zip erode: 59715 Contact Person:lJohn Dunlap Phone(if different from above)] Operator#I Responsibilities: Owner OPERATOR#3 Name: Phone: Mailing Address: State: Zip Code: Contact Person:I Phone(if different from above): Operator#1 Responsibilities: 11. INDICATE WHICH OPERATOR IS RESPONSIBLE FOR: A)Achieving"final stabilization"of the site:Williams Plumbing and Heating B)Submitting the"Notice of Termination"(Specify one operator only):Williams Plumbin2 and Heating III. CONSTRUCTION ACTIVITY INFORMATION(see General Permit for clarification) A).Construction Activity Name:JWest Winds Phase 3 Subdivision B)Construction Activity Address(or location if no address): SE1/4,NW1/4,section 2,T 2 S, R 5 E C)Construction Activity County:lGallatin M� D)MDT Project Number/Designation(if applicable):FNIA E)Construction Activity Latitude and Longitude(Refer to Part I.C.2.d.of General Permit): N 45°41'38" W 111°04'40" { F)Estimated Construction Activity Start Date:JOctober 9,2006 G)Estimated Construction Activity Completion Date:JJuly 1,2007 IT)Estimated Final Stabilization Completion Date: September 30,2007 2 08-30-02SW?PPForml l.doc W. GENERAL SWPPP REQUIREMENTS A)If the construction activity includes 20 acres or more in total disturbance related to construction activity,indicate the name,affiliation,and Montana License Number for the registered professional engineer which reviewed and stamped the SWPPP. Name:iZachary W. Lowe, P.E. Affiliation: HKM Engineering Inc. MT License No.:112923 PE B)Brief Description of Purpose and Nature of Construction Activity: Construction of a residential subdivision in the city limits of Bozeman,Montana. C)Proposed Implementation Schedule for Major Activities(indicate which operators are responsible for each activity): Site clearing and grading 10/9/06-10/13/06-Williams Plumbing and Heating Utility Installation 10/13/06-11/13/06-Williams Plumbing and Heating Install curb and sidewalks 5/1/07-5/31/07-Williams Plumbing and Heating Paving Roads 6/1/07-6131/07-Williams Plumbing and Heating D)Estimate of Total Area of the Site(and all other sites if a phased development project): 12.4 Acres(Previous, current&future Phases 140-Acres) E)Estimate of Total Area of the Site Expected to Undergo Disturbance Related to Construction Activity: 4.8 Acres F)Check to confirm a site map has been developed and included with this S WPPP which indicates all required information stated in Part IV.G.l.c.of the General Permit: YES F-7-1 3 08-30-02S)&TPPForml 1.doc G)Are sand&gravel excavation,other borrow areas,and/or crushing operations associated with project? Yes=No= Are temporary asphalt batch plant operations associated with this project? Yes=No If yes,be sure to include the requested information about these areas on the site map,or a similar separate map,as stated in Part IV.G.I.c.of the General Permit. H)Describe the character and erodibility of sediment and other earth material to be disturbed at the project site, including cut/fill material to be used: The site is currently used for hay production with gentle slopes running from 1-2%. The in-situ soils are characterized as 10"-12" of top soil overlaying 3'-6'of day and silt deposits. Gravel is encountered 4'-7'deep. Due to the gentle slopes and tight grain nature of soils erosion should be minimal. Fill material will be 3"minus pitrun and V minus road mix that are free draining and not prone to erosion. I)Estimate of Runoff Coefficient and Increase In Impervious Area(refer to Part N.G.Le. of the General Permit- only applies if total construction-related disturbance is 5 acres or more): Pre-development CN 74 Post development CN 90 Increase of Impervious area=15 acres(completed subdivision) 1)Indicate Names of Receiving Waters and Describe the Size,Type,and Location of each Point Source Discharge or Outfall(refer to Part IV.G.l.f.of General Permit): West Winds PUD is bi-sectioned by a seasonal watercourse know as Cattail Creek or Harmon Ditch. The watercourse is within West Winds Park lands,where minimal excavation proposed within,or directly adjacent to,the water course(with the exception of water course maintenance activity that has been approved by the Corporation of Engineers and one utility crossing). One stormwater detention pond will be constructed 50'west of the watercourse. 4 08-3 0-02 S WPPPForm l I.doc K)Describe Storm Water Discharges From Support Activities(refer to Part IV.G.1.g.of General Permit): No batch plants,gravel pit or crushing operation is proposed for the site. The staging area will be limited to a 1 acre gravel pad. Discharge of stormwater from staging area will flow through undisturbed vegetation and be filtered by a silt fences prior to entering the Harmon Ditch. 5 08-30-02S WPPPForml 1.doc V. SWPPP BEST MANAGEMENT PRACTICES(BMPs)AND STORM WATER MANAGEMENT CONTROLS A)Describe Applicable Local Erosion and Sediment Control Requirements: City of Bozeman requires a general permit for stormwater discharge associated with construction activity. Also,use of B.M.P, such as,silt fences and rocked entry/egress points. B)Describe in detail,temporary BMPs and storm water management controls which will be used for erosion and/or sediment control during construction-related earthwork activities. Indicate the location of these measures on the site map required above,or a similar separate map,as much as practicable. Include a schedule for implementation for each of these measures. Attached details and specifications may be used to supplement this description. Refer to Parts IV.G.2.a.,b.,c.of the General Permit. Examples of temporary measures could include but are not limited to: slope roughening;vegetative buffer strips;silt fences;straw bale dikes;erosion control blankets/mats;temporary drain diversions;minimizing clearing;temporary sediment basins/traps;mulching;temporary seeding;brush barriers;up-slope runoff diversions/controls;inletloutlet protection;disturbance area runoff diversions/controls; waterway protection;and,ditch runoff flow dispersers(e.g.level spreaders)/flow inhibitors. The primary BMPs and stormwater management will be vegetative buffer strips and silt fences. The limits of the vegetative buffer strips will be identified and marked at the start of the projects. The vegetative strips will be protected by wire fences,signs and silt fences. Silt fences will be installed to protect the watercourses and wetlands. Silt fences will be installed at the start of the project. 6 08-3 0-02 S WPPPForm l 1.doc Q Describe in detail,permanent and structural BMPs and storm water management controls which will be used for erosion and/or sediment control during and after construction-related earthwork activities. These would include measures to achieve final stabilization(as defined in Part V.T.6.of the General Permit). Indicate the location of these measures on the site map required above,or a similar separate map,as much as practicable. Attached details and specifications may be used to supplement this description. Refer to Parts IV.G.2.a.,b.of the General Permit. Examples of permanent measures could include but are not limited to: permanent seeding;check dams;retaining walls; drain inlet protection;rock outlet protection;drainage swales;sediment basin&traps;earth dikes;manmade erosion control structures;grassed waterways;sod stabilization; infiltration trenches or basins;subsurface drains; level spreader;terraced slopes;tree or shrub planting;pipe slope drains;vegetative buffer strips;detention ponds; and,containment ponds. For the completed project,all public roads will be paved. A storm drain system will be installed that will outfall to detention ponds equipped with oil/water separators. All disturbed areas will be revegetated. The existing water course through the project is located in a 30-acre Park that has 50'-400'of vegetation on each side of the watercourse. D)Describe what products or wastes may be stored or utilized at the construction activity site,indicate on the site map as required above,and indicate what BMPs will be used to minimize potential pollutants from these materials coming into contact with storm water runoff. Examples of products or wastes could include but is not limited to: fuels;concrete;masonry blocks;solvents;detergents;steel;roofing shingles; fertilizers;paints;tar;pesticides; lumber; other petroleum-based materials; other hazardous materials(including wastes);solid waste;and, concrete truck wastewater disposal. Materials stored on site include:PVC,concrete and ductile iron pipe,manholes,and catchbasins. Concrete trucks will be directed to wash-out at approved wash-out locations. 7 08-3 0-02 S WPPPForm l 1.doc E)Describe any measures that will be used to prevent vehicle tracking of sediment from the construction site onto roads(examples include a graveled access entrance and exit drives and parking areas,and a tire wash pad at exit drive): Gravel access pads will be provided at the entrance and egress points on the site. F) When trucking saturated soils from the site,either tight leak-proof trucks must be used or loads must be required to drain until drippage has been reduced to less than 1 gallon per hour before leaving the site. .Will saturated soils be trucked from the site? Yes=No G)Describe man-made and natural measures to control pollutants in storm water discharges after construction operations have been completed. Refer to Part N.K.of the General Permit. Examples include: vegetative waterways and natural landscape; infiltration trenches or basins; storm water detention structures;wet ponds or man- made wetlands;and,storm water containment structures. Storm water detention facilities with oil-water separators will be provided. The existing watercourse will be buffered by undisturbed park land. 8 08-30-02 S WPPPFonu l 1.doc IT)BMPs must minimize or prevent"significant sediment"(as defined in Part V.T.13.of this General Permit) from leaving the construction site. If"significant sediment"results from the failure of erosion or sediment control measures, the operator(s) shall evaluate the effectiveness of such measures or other BMPs and incorporate improvements to minimize the potential for"significant sediment". Additionally, if "significant sediment"results from the failure of erosion or sediment control measures,the material must be cleaned up and placed back on the site or disposed of in an acceptable manner. The material must not be washed into the storm sewer(s), drainageway(s),or receiving surface waters. There may be obligations for the operator(s)to obtain other permits or permissions to clean up the "significant sediment." VI. CERTIFICATION "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment for knowing violations." James Keener,Williams Plumbing and Heating Project Superintendent 74V e of Opera1 or Authorized Representative Title .L X. Signature of Operator# 1 (Name must match that above) Date John DLInlap A 1Owner Print N e ofOFeratirl#2 or u orized Representative Title << V SiIafe of Operator#2 ffni a must match that above) Date Print Name of Operator#3 or Authorized Representative. Title Signature of Operator#3 (Name must match that above) Date 9 08-30-02SWPPPFonnI Ldoc D:\04\5067124\d.g\SS1-2.dwg 7/2B/2006 3:28:45 PM MOT x. J . 8 \.11 I I, I :•i :1' { e�� t I 1 � 1 r. .0 I. I % S•` I . . mow;;. ..I : : : . II w ' 1 I a:1 :A b$• r J . I. f ` i I SCS ;.l . I'1 `:1 a• I} I ! ,. . \ k{ . 4. .rNs x: I: �3 En •� ::vi: i�r i i.n. . . :�'�'• I� � �f •I• I c' a •i -'�1 i . 1 ' ram: �r .r. A� G i 1 y i %S U ® I L _> -' Q y n Zg o z o m o T o g m x x m m m to 3 o , 3 z - A m n *'Project No. 04S067.124 •SWPPP.DWC •Date SEPT 2006 *Designed ZWL*Drawn BWD*Chocked ZWL *Approved ZWL HKM Engineering Inc.C No. Revision Br ta Da w McChesney Professional Bldg. WEST WINDS PHASE 3 WARNING a 601 Nikles Dr.,Suite 2 BOZEMAN, MONTANA D P Bozeman,MT 59715 IF TMIS BAR DOES NOT MEASURE 1' T (406)586-8834 STORM WATER POLLUTION PREVENTION PLAN No 1TACN�S v E N G I N E E R I N G FAX(406)586-1730 t,��� � � � ,s..,�� t � �•Yf� �r ,��*..73"a<j ,;. .. t it y �t� f°er;�1r + "irnK . 41 t� •yfi b sr�,� 3�,,'�jSi 7i t L."`Fri ,x'7,. rya z LO C 7 } ,.Y 1 =Yt! N � -> ir.��' a ne'A'U.a'e 1t +'�.�; Ik 7 !i .+� �r�'`Sw sx i '•.i ,.�t,,, � p 7y as+,ryis�.c,._ K , ,{, z tk c'hif'r- ���rW b.Ea ,k• `rrn+�- Al�y`}, ��•:�� , •P1F'" t ! x t"t r5• L j fi "'�` . s ' �'4{s+�"' ![: TO • �, ', � a frr �} s u C u4 , ;N ct1 �' I(n 'S r > „rci'r t,,,,J, t � FP lip Mt Cx'�(C4 �r': ��",`'7 yf t�' � ++,�r L �,�,�" t - •S Y a y'tir k i� �r! a mib tN H u L rOC YG t xtn rxM1 3 c d c N `z` 3 r �t��"�-' #J• Er �K .a.f 'r r'�'c�✓ {"�+- � ru kart�r 2"``.t' t E `S r�� ltt Q yt- Pt.c ru t •t��Nry�rN.. �""; �'f�i.�ti2!�x y f d ��.,y��r �"'!'��,!�i�a..�� ti ��Su J"• .��`� P 9 � �H� )�SY". Y 3'15 ;�Y � jr r J{;� 4 Ilk � fir'`$ 3`k ��`�., �' - y�' z Sr�t`� 'r`,k�. .-� � 4 ti>• T {�,,.,�.Y ¢ ',`�+�r�ay. t .„z. Syr'. '�✓:y� .. s',. td �! �"�' ,�1� ,� stt�p ,,� r� ac a„,y �wrr •S � t y t��'r i �-t - . ai3 ru r NOR r?1. S�t� "t� t•� G�r ' a�+�,r ru cr Zfi t L l A O kfi72b •.a.J3 't.. a, Alas x ,Z.. r��i��r��. -�'�r.i '•+�„f��^.Y• f xrrRt3. ��'':, O F= + I xyf4�•.� �S yw.ir7 fy '� �f�i•'t':`t' �, eYtyf m :W Ln CL `iY ¢¢h11-i+ yfi F W`4' •• 3 jn, L y '` O Q r "Q..mO .P' Y �. 1i; a N 'i}Jr�yO p • ' ' fF. g ?N-"t•5 Q S' C �t g�,'rn,.�`MF jj�t� U , � i r V1 'F �+ f LLJ NOI NUMBER(DEQ will Assign): MONTANA DEPARTMENT OFENVIRONMENTAL QUALITY WATER PROTECTIONBUREAU/STORM WATER PROGRAM PO Box 200901/Helena,MT/59620-0901 NOTICE OF INTENT (NOI) FORM GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH.CONSTRUCTION ACTIVITY IMPORTANT:Before completing this form,all parties need to read the General Permit. For coverage to be valid upon receipt by the Department,all required items on the form must be completed properly. Responses must be self-explanatory and must not refer exclusively to attached maps,plans,or documents. The Storm Water Pollution Prevention Plan(SWPPP)and appropriate fees must accompany the NOI Form. Do not submit these items separately.Mail this NOI Form to the DEQ address above. The 2002-2006 General Permit,2002 Fee Schedule,and related forms are available from the Storm Water Program at(406)444-3080 or the DEQ website: http://www.deq.mt.gov/wginfo/MPDES/StonnwaterConstruction.asp I. OPERATOR INFORMATION List each party participating in the construction project,from the initiation of construction through"final stabilization",that will be an operator as defined in Part V.T.8.of the General Permit. Examples of operators include the primary contractor,project owner,site/land owners,consultants,or other contractors,such as the"final stabilization"contractor. For each operator,briefly describe what their responsibilities are for ensuring compliance with General Permit and SWPPP requirements. OPERATOR#1 Name:Williams Plumbingand Heatin Phone: (406)587-0969 Mailing Address:12131 Industrial Drive City: Bozeman State: MT Zip Code:59715 Contact Person: James Keener Phone(if different from above): Operator Type: Owner o Contractor Q Consultant o Other(explain) I� Operator#1 Responsibilities: Installation of water,sewer,storm drainage and roadway improvements. OPERATOR#2 .Name: Cascade Develo ment Inc. Phone: 406 585-9230 Mailing Address: 3825 Valley Commons Drive, Suite A City: Bozeman 1 State.MT :Zip Code: 59715 Contact Person:lJohn Dunlap Phone(if different from above): F__ — Operator Type: OwnerQ Contractor F-1 Consultant F� Other(explain) Operator#2 Responsibilities: Road sub-grade excavation 03-10-05NOIFonn2.doc NOI NUMBER(DEQ will Assign): OPERATOR#3 Name: Phone: Mailing Address: City: State:=Zip Code: Contact Person: Phone(if different from above): Operator Type: Owner o Contractor Q Consultant Other(explain) Operator#3 Responsibilities: II.INDICATE WHICH OPERATOR IS RESPONSIBLE FOR: A)Achieving"Final Stabilization"of the site(defined in ARM 17.30.1102(5)or Part V.T.6.of the General Permit):lWilliams P&H B)Submitting the"Notice of Termination"(Specify one operator only): JWilliams Plumbing and Heating C)Payment of any subsequent annual fees(Specify one operator only): Williams Plumbing and Heating M.CONSTRUCTION PROJECT(ACTIVrM INFORMATION-See General Permit for clarification A)Construction Project Site Name: West Winds Phase III Subdivision B)Construction Project Site Address(or location if no address): SE1/4,SW1/4,Section 2,T2S,R5E,P.M.M. C)Construction Project Site County: Gallatin D)MDT Construction Project Name&Number(if applicable): NIA E)Is this NOI pertaining to support activities for an MDT Construction Project: YES F NO If YES,provide the NOI Number for the MDT Construction Project: F)Construction Project Latitude and Longitude(See Part I.C.2.d.of General Permit:could use GPS,the USGS topographic map,or "Topofmder"from http://nris.mt.gov/interactive.html): N 45°41'38" W 111°04'40" G)Name(s)of Receiving Surface Water(s). Include those potentially receiving storm water runoff that are indicated as perennial or have a name as shown on a USGS TopoWVhic M See Part I.C.2.e.of General Permit . Water course through project:Cattail Creek,a.k.a.Harmon Ditch 03-10-05NOIForm2.doc NOI NUMBER(DEQ with Assign): H)Number of named or perennial receiving surface waters indicated in item G(if the total is greater than 5,just indicate 5): I)Have you provided the required USGS topographic map showing the construction project site location and receiving surface waters (See Part I.C.2.g.of the General Permit-Internet programs may be of use such as"Topofinder"): YES L r J NO J)Type of Construction Project Fee(see Part I.C.2 j.of General Permit),check one only: Commercial or Public I v �;or J i Residential(single family dwelling)U K)Calculate Fees to be attached to the NOI based on the type of Construction Project Fee in Item J: For Commercial or Public Construction Project,to obtain application(NOI)fee and first calendar-year annual fee,multiply: Number of Receiving Surface Waters in item H�X$450 X 2=$900.00 Indicate Check Number: S 130 ;or For Residential(single family dwelling)Construction Project,to obtain application(NOI)fee(there is no annual fee),multiply: Number of Receiving Surface Waters in item H=X$250 $0.00 Indicate Check Number: L)Brief Description of Purpose and Nature of Construction Project: Construction of a residential subdivision in the City of Bozeman M)Estimated Construction Project Start Date:lOctober 1,2006 N)Estimated Construction Project Completion Date:[July 1,2007 O)Estimated"Final Stabilization"Completion Date(defined in ARM 17.30.1102(5)or Part V.T.6.of the General Permit): Sept 2007 P)Estimate of Total Acreage of Construction-related Disturbance:14.8 Q)Has a SWPPP been developed according to Part IV of the General Permit and submitted with this Nor YES W NoF IV.CERTIFICATION (Refer to Part V.G.of the General Permit to determine who qualifies to sign this NOI Form) "I certify under penalty of law that this document and all attachments were prepared under my direction or supenvision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine or imprisonment for knowing violations." James Keener,Williams Plumbing and Heating Project Superintendent P ' ame of Operator#Authorized Representative Title 'Signature of Operator#1(Name must match that above) Date John DunlapA I I Owner P 'it Jef of Op M ri Representative Title So Operator#2 am t match that above) Date Print Name of Operator#3 or Authorized Representative Title Signature of Operator#3 (Name must match that above) Date 03-10-05NOIForm2.doc NOI NUMBER(DEQ will assign): COMPLETION CHECKLIST FOR OPTIONAL USE - THIS PAGE DOES NOT HAVE TO BE SUBMITTED WITH THE NOI PACKAGE - READ CAREFULLY Please make certain that all required information is included in your submittal. 1)Did you complete and include an NOI form? yF5 2)Did you provide a topographic map with your NOI form? *s 3)Did you include all necessary fees (both application and annual fees for a commercial or public construction project)? Yp$ 4)Did you complete and include a SWPPP(utilizing the DEQ form or equivalent)? Y% 5)Did you attach appropriate SWPPP site map(s)to your SWPPP? Yps 6)Did you print your names and titles, sign,and date the NOI and SWPPP(one original copy of both documents complete with original signatures are required-there must be no faxed or photocopied signatures)? Yes 7)Did you keep a copy of all the documents for each Operator, including one copy that must be kept at the site?YK 8)Have you read the General Permit to ensure that the documents you are submitting are accurate and adequate? Yrs 03-10-05NOIFormldoc ► ;. x ei BO yF �f5,��'F r—,�' f� u t' 7 i • `-�"yh s "''rn•.- `' '1 1 "�4-"S J. 2ev 11 — ..�,-•. .�. r r.'I�F' �.�'1` l���-.Y�CST j �? "'_Y�� ,z � �;<S t 1 -r�, �C C:6._. J f ;. t':"; A``"• �',•'47' Y z f!• ti K ", l .r s DO • _• • '> tom;y?l t r •J r ' ' s`° €Z s. a AM ri 3 fir - �7 - �_ u } � u ° _•�' r �r ,sas 9 f r F 5F (� G:��, if.� d 1 7 4 .k� 4q b. K SFr• , a <rir sr � 7} i a rt ,E^ ,_�. ��„ g EAU& a '�y"� r r"F� � A.-."�F �.� � 9.)♦�L�7 � i�•v �B�.�.�.4�K�..z—�i— e LC_ r , ,�� 'f +, .Yrl'�. b� 4 G_ -3 �\ > y •' r [� r. l�a.P y �-i [ 4 a ;v. �• INr� tf%3 d .++• ? ._ ..� �✓ wEsr .WNDS COMMUNITY Imw 114 SECrION cowry, • no Parks 0 ,-Bozeman,MT59715 Trails (406)586-M Bike Path i. i Schools i � I Baxter Lane 4 7S ! �/� / :PHASE 2B vJ f •L• I- � ♦ � '•�•J PNPyE � - A. : PHASE �B 10 ; 3� 0 i P� A5 P5E P m � a t # I zo . 5 k� f Q • � r • r ' +LDurston Road a E I • 11 � t a � t � ■ � IS r, • WEST WINDS COMMUNI T Y HSW 114 SECT/ON 2, T.2.S., R.S.E., P.M.M.� GALLA TIN COUNTY, MONTANA -N- HKM Engineering Inc. USGS TOPOGRAPHY McChesney Professional Bldg. 601 Nildm or.,sire 2 MAP Bozeman,MT 59715 (406)56 MU soo o FIGURE SD-1 FAX(406)586-1730 S DAM AM zoos vaa£cr Na o�.iz4 cep)doe 0 zoos root Er*"W q ir,—m Rwb Re--&