HomeMy WebLinkAbout001 Notification Letter - Encroachments Letter_ESBOZEMANMT
Engineering Division
ENCROACHMENTS PERMIT APPLICATION
Remember to obtain owner signature on this form prior to uploading with the rest of your submittal
APPLICANT
Name:Emily Cope
Full Address:222 E Main St #302 Bozeman Montana59715
Email:emily@downtownbozeman.org
Phone:4065864008
BUSINESS INFORMATION
Company
President:Ellie Staley
State of
Incorporation:Montana
PROJECT INFORMATION
Do you have an
active
infrastructure
project:
No
Infrastructure
Project Number:
Permit Type:Lvl 2 - Commercial Encroachment Permit
Nature of Permit
Desired:
Contractor encroachment permit to close a portion of a parking lane (24 feet in length) on S Willson Ave adjacent to Bitterroot Bistro
for five months during the summer to install a pedlet.
Address and
Legal
Description:
Parking lane adjacent to 19 S Willson Ave, Bozeman MT 59715. Legal Description: STORY ADD, S07, T02 S, R06 E, BLOCK B,
Lot 6A, ACRES 0.40383, PER PLAT C-22-H
Remarks:
The Downtown Urban Renewal District (DURD) developed a "Parklet & Pedlet Program Assessment Report” in 2021 to explore
ways to enhance pedestrian and café experiences in the downtown area. After extensive research, the "pedlet" model was selected
as the most suitable option for Bozeman, particularly for expanding narrow sidewalk spaces on side streets off Main Street. Unlike
parklets, which occupy parking spaces and create additional seating, pedlets serve as a pedestrian bypass, allowing restaurants to
use the existing sidewalk space for outdoor seating while maintaining ADA-compliant walkways.
Type of Heavy
Equipment:
Will you be
closing any
Parking Lanes,
Bike Lanes,
Partial or Full
Travelway
Closure,
Sidewalk/Shared
Use Path or
Alleys:
Yes
Start Date of
Closure:
05/01/2025
End Date of
Closure:09/30/2025
CERTIFICATIONS AND SIGNATURES
1. TERM: This permit shall be in full force and effect from the date of City approval shown below until revoked as herein provided and shall be
limited to the encroachments and locations specifically identified in the application.
2. REVOCATION: This permit may be revoked by the City of Bozeman upon giving thirty(30) days written notice to the Permittee by regular
mail, at the address shown in the application. The City of Bozeman may revoke this permit without notice during an emergency or if
Permittee violates any of the conditions or terms. If the Permittee fails to remove the permitted encroachment(s) and restore said right-of-
way to its previous condition within said thirty (30) day period, or in an emergency, in a reasonable time, the City at its option may remove
the same and restore said right-of-way to its previous condition and permittee shall pay the cost and expense thereof to the City.
3. COMMENCEMENT OF WORK: No work shall be commended until Permittee provides 48 hour written notice to the City Engineer prior to
the date the Permittee proposes to commence work.
4. CHANGES IN RIGHT-OF-WAY: If City infrastructure necessitates changes in the structures, or facilities installed under this permit or the
Permittee’s uses under this permit, Permittee will make necessary changes without delay and without expense to City.
5. INDEMNIFICATION/INSURANCE:
a. To the fullest extent permitted by law, Permittee, recognizing it exercises its privileges under this permit at its own risk, shall release,
and shall protect, defend, indemnify, and hold harmless the City and its agents, representatives, employees, and officers from and
against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witnesses and
consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of
whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of
any party or parties that may be asserted against, recovered from or suffered by the City and their agents, representatives, employees,
and officers, occasioned by, growing or arising out of or resulting from or in any way related to: (i) the occupation or use of the Site by
Permittee; (ii) the negligent, reckless, or intentional misconduct of the Permittee, its officers, employees, or agents on or related to the
Site; (iii) any negligent, reckless, or intentional misconduct of any of the Permittee’s guests, invitees, contractors, or subcontractors on
or related to the Site; and (iv) the negligent, reckless, or intentional misconduct of any other third party with respect to use of the Site.
Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist
as to an indemnitee described in this Section. The indemnification obligations of this Section must not be construed to negate,
abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s).
Permittee’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained
by the City. Should any indemnitee described herein be required to bring an action against the Permittee to assert its right to defense
or indemnification under this Agreement or under the Permittee’s applicable insurance policies required below the indemnitee shall be
entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of
competent jurisdiction determines the Permittee was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for
a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations shall survive termination of
this Permit.
b. In addition to and independent from the above, during the term of this Agreement Permittee shall at Permittee’s expense maintain
those insurances as may be required by the City as set forth below through an insurance company or companies duly licensed and
authorized to conduct business in Montana which insures the liabilities and obligations specifically assumed by the Permittee in
subsection (a) of this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the
Permittee in subsection (a) of this Section nor for any of Permittee’s activities on the Site. Within ten (10) days following execution of
this permit by the City, Permittee shall provide the City will proof of such insurance in the form of a certificate of insurance, and if
required by the City the insuring agreement(s) and all applicable endorsements demonstrating that such insurance is in full force and
effect and shall provide such proof when requested by the City thereafter during the term of this Agreement. Permittee shall notify the
City thirty (30) days prior to the expiration of any such required insurance coverage and shall ensure such required insurance coverage
is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. Permittee shall notify the
City within two (2) business days of Permittee’s receipt of notice that any required insurance coverage will be terminated or
Permittee’s decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be
in a form suitable to the City. The Permittee agrees it may not commence any action under this permit until such insurances are
approved by the City.
c. Permittee shall obtain the following type of insurance in the amount indicated:
Workers’ Compensation – not less than statutory limits; and
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 general aggregate; $10,000,000 umbrella per
occurrence and in aggregate
Automobile Liability - $1,000,000 combined single limit
For liabilities assumed hereunder, the City, their officers, agents, and employees, shall be endorsed as an additional or named
insured on a primary non-contributory basis on the Commercial General Liability policy.
6. The permittee shall protect the work area with traffic control devices which comply with the Manual of Uniform Traffic Control Devices
(MUTCD). Permittee may be required to submit a traffic control plan to the City Engineer for approval, prior to starting work. During work, the
City of Bozeman may require the permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall
occur without prior approval from the City Engineer or his designee. All construction materials temporarily stored within the traveled way of
any street shall be adequately barricaded in accordance with the MUTCD.
7. RIGHT-OF-WAY AND DRAINAGE: If work done under this permit interferes in any way with the drainage of City property or right-of-way, the
Permittee shall, at its expense, make such provisions as the City may direct to remedy the interference.
8. RUBBISH AND DEBRIS: Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and
the roadside left in a neat and presentable condition satisfactory to the City.
9. INSPECTION: The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The
permittee may be required to remove or revise the installation, at the sole expense of the permittee, if the installation does not conform to the
requirements of this permit or the attached plan.
10. CITY’S RIGHT NOT TO BE INTERFERED WITH: Initial installation, changes, reconstruction or relocation of the permitted encroachment(s)
shall be done by Permittee so as to cause the least interference with any of the City’s work. The City shall not be liable for any damage to the
Permittee by reason of any work by the City, its agents, contractors or representatives, or by the exercise of any rights by the City for the
encroachment(s) placed under this permit.
11. CONSTRUCTION, MAINTENANCE, REMOVAL OF INSTALLATIONS OR STRUCTURES: Permittee, at permittee’s sole cost and expense
shall construct, maintain, replace, relocate and/or remove the installation, facility, or structure in accordance with the applicable City and
industry standards. Furthermore, after completion of any of the aforementioned construction, permittee shall fill in any excavations and
restore the right-of-way to its original condition. The City shall have the right at any time to require permittee to maintain, reconstruct, replace,
relocate and/or remove its facility from the right-of-way, all at the permittee’s expense.
12. CITY NOT LIABLE FOR DAMAGE TO INSTALLATIONS: In accepting this permit the Permittee agrees that any damage or injury done to
said installations, structures, or other encroachments by any City employee engaged in construction, alteration, repair, maintenance or
improvement of its property or right-of-way shall not be the responsibility of the City.
13. CITY TO BE REIMBURSED FOR REPAIRING ROADWAY. Permittee agrees to promptly reimburse the City for any expense incurred in
repairing surface of roadway due to settlement at installation authorized under this permit, or for any other damage to roadway or associated
structures which occurred as a result of the work performed under this permit.
Applicant Signature:
Printed Name:Emily Cope
Company Signature:
Printed Name:Ellie Staley
Title:Company President
Company Name: Downtown Bozeman Partnership
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2280
20 East Olive Street engsubmittals@bozeman.net
Bozeman, MT 59715 www.bozeman.net/engineering