HomeMy WebLinkAbout13- Kitowski Access Agreement for sub-slab depressurization system ACCESS AGREEMENT
M Mr. k]towSki Ms. Kitowski as Owner(s) of property
located at -611 St. Andrews Dr. , (Property) grant the City of Bozeman (City),
and its authorized consultants, and contractors access to the Property, including the interior of the
house, as reasonable and necessary to design, install, operate and maintain a sub-slab
depressurization system (System) consistent with Exhibit A or other mitigation measures which may
include, but are not limited to, sealing any cracks and penetrations in the slab or foundation of the
1. Grant of Access. {}vxner(a) grant the City access reasonably necessary to design, hmotnU,
rnonito[, and test the System and other mitigation rQ9asUnea (Permitted Activities). Thereafter
the City shall have access to the Property at least twice per y*ar, but not more than four times
per year, to monitor and maintain the 8yotem, or as needed to repair orreplace any System
components.
2. Term of Agreement. This Agreement shall be in effect for ten /10\ years from the date of
execution. K the Parties agree it may be extended by any number of successive five (5) year
terms. If the Agreement is not extended beyond its fixed term it shall continue year to year
thereafter until terminated bv either party.
3. Notice. The City shall contact Ovvner(s) to arrange for access tothe Property as provided for
here. Owners agree not to tamper with the System or to allow any person not approved by the
City to tamper with or work on the System. In the event maintenance or repair is needed
[>vvner/sl agree to notify the City an provided for here or as may be altered in writing:
City Contact: Attn: City Engineer
20 East C)||ve Street
PC} Box 12DO
Bozeman, K&T59771-12OO
Owner: Joseph & Sloane Kit0VVSki
611 St. Andrews Dr.
Bozeman, ML5RZ15—
4, Design. Prior to installation the C|h/ shall provide (}vvner(e) with final design plans and shall
obtain (}vvner(s)' wr[tton approval to proceed. The System will be designed and installed to
maximize effectiveness with minimal impact to the Property,
5. Insurance and Indemnification. Also prior to installation, City's contractor(s) will be required
to provide City with evidence of adequate commercial general liability coverage naming the
Owner(s) as additional insmredka\ on e primary non-contributory basis. The City shall be
responsible for any damage hothe Property caused by the installation of the System or other
mitigation measures and agrees tu fully repair any such damage.
0. Installation Costs. The City shall ensure that no liens orencumbrances related to the System
are placed on the Property and shall be responsible for all costs associated with the design and
installation of the System or other mitigation measures.
2
7. System Ownership. The City shall own the System and abaD be responsible for the cost of
monitoring, operating and maintaining the System until otherwise agreed by the Parties or until
this Agreement is terminated as provided herein,
O. Electrical Costs. Upon System installation the City shall pay Ovvmede) e lump aunn to cover
projected cost of operating the System for the term of this Agreement based on the present
value of the costs of operating the System for 10 years as shown in Exhibit B and should this
Agreement be extended beyond the fixed LaPn the City shall pay the Owner(s) on additional
lump sum payment for the costs of operating the System for the term of any such extension until
this Agreement isterminated.
8. Termination. At any time 60-days prior to the end of any Agreement term than in effect either
party may. upon 50-days written notice to the nther, terminate this Agreement. Upon
ternninst[nm, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will, at
the request of the Owner either convey the entire system to the owner or disconnect electrical
service bo the System and remove any components ofthe System requested by the Owner, and
repair any damage to the Property that might have been caused in connection with any of the
Permitted Activities, and 1othe extent reasonably possible return the Property tV the condition it
was in before Permitted Activities were conducted.
1O. Binding on Successors. This Agreement ie binding om the Parties and any person succeeding
to the Pates' respective interests including agents, tenants, heirs, and assigns. Owner agrees
to dion1noe this Agreement to any person or em1ih/ holding or accepting any interest in the
Property. If the Property is rented, Owner(s) shall provide City with a copy of Exhibit C, "Tenant
Anknovv|odgnnent' executed by any existing nr future tenants.
11. No Admissions. Nothing in this Agreement may be construed as an admission of liability or as
a waiver or release of any claim or defense that either Party may have related to vapor intrusion
ot the Property orotherwise.
51 D2 n C, K I-� Date:
Owper- Printed Name
Signature
Date:
owner- Printed Name
C,��b)t ��= Date:
/ } �
^ �� - |
City of Bozeman
Chris A. Kukulski, City Manager
From:8ozeman Fire Department 406+582+2355 11 /1912013 19:12 #485 P.001I001
w
U
K
H
.Z
7
K4
O�
m
BEDROOM
LIVING ROOM
M
UTILITY
7
7
y
4
_ U
BATH
a
a
BEDROOM
s
NOTES:
jE
2
N 1. EXTRACTION PIPING RUNS
VERTICALLY TO CEILING OF UTILITY
ROOM THEN HORIZONTALLY TO
CORNER THEN VERTICALLY INTO
ATTIC WITH HP 220 FAN INSTALLED
m AND UP THROUGH ROOF,
E
nN
HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT INITIALS
a inn Dr--4 ir.NRM H:ev�Mae-tM1e alW—iwak Va .00rETRAT"M ThIxarXMngG wrbs�Itema rvrHKa cradseeGwana$Cha marw.p,4n ea.er.l oe r67Ra}'[LH nn fta t it Gs reuerea �. November C rr,,//.�
AY TE1R4 TECH axthy"IerAN W,p Oa:p+pakes almlapra,MC{.TEiiW TECH dots"xWp Mmr v. Kllleaedocumtvgs if LnY-RCrXtna W lnEae"Wh a rr4Ad+l It TETRA TECH S WlAt maPpp 1. 4tl.,R vember 5r.2093
VAPOR MONITORING KITOWSKI RESIDENCE
POINT LOCATED SUB-SLAB DEPRESSURIZATION
SYSTEM EXTRACTION, PIPING
0 EXTRACTION POINT LOCATED AND VAPOR MONITORING POINTS
EXHIBIT A
0
ry
m c:
0
O UJ
21 N
(L) m o
�
V) L)
U)
0 (N_
CL a) d,
a) W
S[S 0 U)
0
flJ Lc,)
o
2 a) 0) =s cm
000mcaj
U) C14 C3 W
(In
D (1) M CO LO M M M M
00 0 M CO M — r- M r~ 0
in " cd 'o 'N m (.() " - o 0 C7 r 06
C4 r- CO w m m a m 't Lo 0 o
64 Y> ?0 — — — — — 0
64 1.6 6-, C% V),(,q z
Vk
T
.2
W ui
E
LU
JX W
a)
E 0
>
no
0
as
avi >
A w w a.
Q�4) (D C14 m IT ltd 0 rl- 0 0 CD
O S E
T
CL W w
Electricity cast for user submitted device page 1 of 1
Hoene I Install an Attic Fan I Keep Pipes from Freezing I LED Light Bulh Saviings CompaP'isCrn Electrical Products I About Us
Commonly Used Devices
60 Wyatt Incandescent Light Bulb Computer System Drip Coffee Maker(warm) Oven at 350 degrees
100 Wyatt Incandescent Light Bulb Com uter S stem slee model Electric Blanket Space Heater(portable)
Compact Fluoresoen(Lamp Drip Coffee Maker(breve) Furnace IFan LCD HD TV-47 Inch
Clothes Dryer Cixygen Concentrator at 3.0PIWI Microwave Oven(Highest Setting) LCD Monitor-22 Inch
Device Name: FDepressurization Fan Cost Per Hour-, p.g09859
Wattage of Device: 1150 wW_ __._w.._.....__._.w.....,
Cost Per lay: $0.236624
Kilowatt Rorer Cost; 065729 Cast Per Week: $1.555
Florae`s of use per day; i24
.. Cast Per Month: $6.63
Calculate Cost Cost Per Year: $86.13
Copyright 2008-2013,Spectru n Research, Inc.
http://www.electricity-usage.com/Electricity-Usage-Calculator.aspx?Device=Depressurizati... 9/6/2013
Electric Monthly Default Supply Rates Page I of 1
New Rate FMCONe Date SPpten d.�er 1,20 3
Edectnc 4Pespd mbal Elertric Ughflng
Etfndwe 020, Pme)TMb ("'hange EAlebtivo Date Pdc2WVqh Chanqe
i-
C-t7l".
I Cp° c1;-;
01 X":j
'C'J-01
:'-j Cb248 1
2 L"
C
26 i kl`�01 1'2
J'!,C. .o i :"'F;tj
2 L;13 S�j'j 6 u
Sepfemtm 01.2013$0 0157 v 3
GLrteral Service I Secondary Non Demand General Service I Secondary Derriand
OfocdvL^Oate Price;kWh Change Eff'tctive Date POWKWh Charge
11�U57.1-M r.jf)r)
C 17. 14:]`l 'r 0! 2 C) $(',C-tic i 2
0��Cemb;r tit :)Ol? 9,,C C,�;2 4 n
,Fri t"al�
�:'�
'C f) 4 -'0 d-L) ?01"' 3J
-'y rd 2") I C C'L
20 1
"'0 6 0 h,m, il ,`U1.:9 0
0 1 1 _Yj ''J",.)1 17 r:',F-1 5 3 t"r I-IrO
General Service 1 PnMM Non Demand Genera0 Service'i Primary Demand
Eif�cltye Date PncaikWh mtinqu Eftcfive Date rlriceMVP Olaap
r. CaCr 0 1 201-1 �2�C-L—,
�t 0-'C I C-.[,,rvr 11 2,1f2
,,'C,780 1 01 C I', S c
1.'1(' l)1 C1 O Ct�4' 2k1 3
2r) 1 ary;)1 1,;
Va,r 01 20 1 S' 0l�Wa
o nj "0 (Vti/ r O"Y`6 .'Ird YO" 0 CO"'C'16'
C C:5
2".;� J:d1E0 ? I
2 i S, 14
.4,1510 r,1S
,_;L1 2'.""1 17
S C�
Irngation Non Demand Irrigation Demand
EfRxAive DaD.- PriueikWh Chonge Effective D,etc FricNKM chjnq�
r cnr V o t C.C' �G Et QC'i"q I,
(-i m—n 0 t) t 01 "'WF r"�
2,0 ? M,VC,1
'-:`r 1 CeC 01 1d1 I D CO'625
Jan i 201 1 3 1�J 1 0 1 0 1 2")��)
b" "y 0� , , 1)(X
M u_,(!1 2:1.
,1,8r ( rYi , n G 1 14 4 C"C i
.31)0��"OV C(--:.OD'47 0 2'-)1:� CO",04
K'1 C(1..C' 3 0 2,.:r12 4�01lij!"'
201: Rw"O! "u , 00
A 1 10 1
I R')01 M 1'j 1r4 $"t 00 1
Sflr"�!�r I K, 3.7�.?0, Au�wswl �V,! 06 274 �o'�
Svp�crnt ,0! 0',i, ',,(j C,5 I F'1! 1 )e
GS-2 Substabon GS-2 Transmission
r.iffeclive Cate price'klolh Change Effective Date PrIcoWNh Ch4a2r�'
_z=,rn! 2 5w OF',CO3 Dc=ur D; 201„ ID SI 0 0J 07'1C'
2C sfl 0571269
T 12 ""Q 0 0, 0 r�CO-775 "012 0 8 0
�w I'mr/01 20 3 �;u;60 7
"5c)
m!% 2(-t 3 "D
Mt""'Aol 0 201"', S 0 IjH.01k
vC I 2O $dl DX)�)46 S11111 07(' fr':001 )UK3
'q
O 2q,', 61 0 i 13 0,C, Va u i 2L, 5 n 11)"cJ791111 StO XCOM�
1 0 Oil 120e
lun'�Cl 3 1) 01; "3' J,-, 0� 4)1 f I v}�-I&'
'k IC w I 2�"!"" Or13 1 3 t '.01 7,�;C 2
mx'u,
lwr.101 2W-1 Sr) YO �,i D Oi M421 01 2.,12 0 CV�Z.11
Ekczi��-prtly hlr t" j f a'j dl r w,tin P, ifia
a'A-1
-1 3'("r:H1'!d x, Crn Ir......�01
A',l ,Um:( 11 r9'-'11y!" wl
http://custom.northwesternenergy.com/forms/eIecmonthly.asp 9/6/2013
USA Energy Inflation Forecast Page I of 6
Forecasts,charts and all...
IN
FORKASTICHARV14
ll 'tiIuch Nlairkel Forecast Real Esfittv Vorceiisf E%chaw-,r Rale Full Fcorlul Forecast
USA Energy Inflation Forecast
USA Energy Inflation Rate Forecast
Target Month Forecast I±C7—TFA Forecast for the USA Energy Inflation Rate for the year
August 2014 15.71% 1280% ending in the target month indicated based on the
Consumer Price index for All Urban Consumers
Updaled Monday,August 26,2013 Energy,not seasonally adjusted
Inflation Rate for All Urban Consumers:Energy-5 Year History
34 14
201A
10%
0%
-10%
-20%
1108 1/2009 112010 112011 112012 112013 1d2014
Annual US Inflation Rate for Energy is Plotted monthly in gray(Consumer Price Index for All Urban
Consumers Energy)The forecast for the target month is shown in green Other links related to this
economic indicator are below
Inflabon Rate Forecast:Energy 10 Year Chart.CPI-Ener
gy
US Inflation Rate Forecast 5 Year Graph-Consumer Price Index-Enermv
Inflation:Food,Enemy,Housing,Medical elo.
Current Analysis&Forecast: US Energy Inflation Rate
Commentary 6092 a
ENERGY INFLATION RATE
July,2013 Data
The forecast for the US Energy Inflation Rate is in the table at the top of this
page.Forecast-Chart.com is forecasting that Energy Inflation Rates will be
roughly 15.71%over the next year.The table shows a HDTFA of 12.80%which
suggests that the inflation rate for energy prices in the US for the 12 months
ending August,2014 could easily fall between 28,51%and 2-91% Links to
Forecasts for many ether economic indicators may be found at the top of this
page.The energy price index used in this article is the Consumer Price Index
for Ali Urban Consumers',Energy,hereinafter referred as the energy price index
Annual US Energy Inflation Rate
Last Month -2.6%
Last Year... .. ...... .....4.7%
Last 5 Years 24%
Last 10 Years 7.2%
Last 20 Years 4,9%
Annual Energy Inflation Rate Highs&Laws
High(Last 12 Months) 47% (July,2013)
Low(Last 12 Months) -8.9% (August,2012)
High(Since January,1958) 47.1% (April, 1980)
Low(Since January,1958) -28.1% (August,2009)
The annual Energy Inflation Rate for the 12 months ended in July,2013 was
475%.That's 1.57%percent higherthan the 12 months ended in June,2013
which inflated at a rate or 3.18%0.It is 10.34%percent higher than the 12
months ended in July,2012 which inflated late rate of-5.591/., The rise in
inflation rates from June to July indicates that the short term inflation trend in
energy prices has been up.If that trend continues,we should see an inflation
rate for the 12 months ended in August,2013 that is close to 6.32%.
The USA Energy Inflation Rate one year ago was-5.59%.Over the last year,
http://forecast-chart.com/inflation-usa-energy.html 9/6/2013
USA Energy Inflation Forecast Page 2 of 6
inlatlOrl in tne energy price index was 4.ft)'/. ine average rate over ine iasi t
years was 7.20%. Lower inflation over the last 12 man ths compared to the
average inflation over the last 10 years serves as an indicator that the long
term trend in the Energy Inflation Rate is down Inflation expectations should be
adjusted accordingly.
Forecast-Chart.com's historical research covers Energy Inflation Rate data
back to January, 1958 The average annual inflation rate in energy prices
during that period of history was 4.92%.The highest rate was 47.1130/h.The
lowest rate was-28.09% The high was attained in the 12 months ended in
April of 1980 The low was achieved in the 12 months ended in August of 2009.
Recent rates experienced in the 12 months ended in July of 2013 are similar to
the historical 4.92%average.
This page provides a five year chart and a forecast for the US Energy Inflation
Rate.For links to longer term charts,look at the links under the five year chart
(above) One link opens a ten year chart Another opens ourlongest term
graph an the Energy Inflation Rate Just one glance at Forecast-Chart,com's
long term charts can provide tremendous insight into the historical trends of the
financial markets.
The US Government's inflation economics policy attempts to control inflation
High inflation and negative inflation(deflation)can have damaging effects on
the economy
Commentary 6092 e
ENERGY INFLATION RATE
June,2013 Data:
The forecast for the US Energy Inflation Rate is in the table at the top of this
page.Forecast-Chart.ccm is forecasting that Energy Inflation Rates will be
roughly 15.46%over the next year.The table shows a HDTFA of 12,87%which
suggests that the inflation rate for energy prices in the US for the 12 months
ending July,2014 could easily fall between 28.34%and 2.51%.Links to
Forecasts for many other economic indicators may be found at the top of this
page.The energy price index used in this article is the Consumer Price Index
for All Urban Consumers:Energy,hereinafter referred as the energy price index_
Annual US Energy Inflation Rate
Last Month 19.9%
Last Year. ....... .. ......3.2%
Last 5 Years 2.7%
Last 10 Years. .. .... ....7.2%
Last 20 Years 4.9%
http://forceast-chart.com/inflation-usa-energy.htm1 9/6/2013
Exhibit
TENANT ACKNOWLEDGEMENT
i (Temamt'sNamme). agreeto cooperate with and
allow the City of Bozeman (City), its consultants and contractors to enter the property and dwelling I
lease from Owner(s)/Landlord, located
at (address) in Bozeman NIT to design, install,
monitor, operate, and maintain a sub-slab depressurization system and other measures for the purpose
mitigating subsurface vapor intrusion. | have been provided with a copy, of the Access Agreement
entered in to between Owner and City for the same purpose and agree to comply with all applicable
terms.
Owner- Printed Name
Signature
SIC" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY)
10/18/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING lNSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME ACT FADE RASMUSSEN
INSURANCE UNLIMITED PHONE _ _ ..
703 W MENDENHALL tared.4Dl r86-1818_ _ ;�c ,4176 586-8881
E-MAIL _.. ..._.............8_
.AODREsst CADS MTINSURANCEUNLIMITED.COM
BOZEMAN, MT 59715 INSURER(s AFFORDING COVERAGE NAIL#
_,_ __.._.._ ...._......,_ .._ _,_.. INSURE,RA.AUSTIN MUTUAL INSURANCE COMPANY
INSURED ....._._ .._._..... T.__.m_.........
INSURER B
DON DICKSON INSURER C:
TRIPLE R MITIGATION
-INSURER D:
6640 SYPES CANYON RD _.._ _._...
INSURER E
HOZEMAN MT 59715 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE,LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IMSR ................. ._............. ADUL SUBR ._...............__...... _..........
POLICY EFF POLICY EXP .,._..,_ � ..._.....-....
LT6t TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMdOD LIMITS �1l1 Fy
GENERAL LIABILITY EACH OCCURRENCE 51,000,000
A BP 1731015 09/12/13 09/12/14 _..._...
pAMAGE TO F{ENTED
.X GGMMERGfAL.GENERAL LIABILITY PIaEMISES Ea pccurronce 51 OO,000
._ CLAIMS-NAPE OCCUR MED EXP(Anlr one person) 8'rgj900
PERSONAL 8 ADV INJURY $1 1000,000
_,. . __...-�..-.... GENERAL AGGREGATE $2,000,POO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $2,000,000
PRO- m..._.. -
POLICY LOG S
A
AUTOMOBILE BA 1924640 09/12/13 09/12/14 COMBINED lSINGLE LIrnT 300,000
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) S
NOWOWNED
HIRED AUTOS AUTOS PROPERTY DAMAGE.-�
$
(Pgl_a-ccident
UMBRELLA LIAR OCCUR EACH OCCURRENCE. S
EXCESS LIAR HCLAIMS-MADE AGGREGATE'. S
0 E RETENTIONS 5.
WORKERS COMPENSATION WC STATU- 0TH-
AND EMPLOYERS'LIABILITY YIN IMI:tS.. ... ..... __..
ANY PROPRIETORIPARTNEP/EXECUTIVE
OFFICEMMEMBER EXCLUDED? NIA E.L.EACH ACCIDENT 5
(Mandatory In NH) El,DISEASE-EA EMPLOYE $.
Ef es,descrdbe under .---..--- ..--.-.......
p.ASCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY(LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
CERTIFICATE HOLDER CANCELLATION
JESEPH & SLOANE KITOWSKI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
611 ST ANDREWS DR THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
BOZEMAN, MT 59715 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CADE RASMUSSEN
O 1988-2090 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
Printed by CCR on October 18,2013 at 08:45AM