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HomeMy WebLinkAbout01_Concurrent Request 406.586.0277 tdhengineering.com 234 East Babcock Street Suite 3 Bozeman, MT 59715 01/25/2022 City of Bozeman Attn: Diane Tolhurst PO Box 200901 Bozeman, MT 59620-0901 RE: MEDICAL EYE SPECIALISTS – CONCURRENT BUILD CITY OF BOZEMAN PROJECT NO. 21149 Dear Diane, The applicant for the Medical Eye Specialists site wishes to apply for a building permit prior to completion of public infrastructure as identified under section 38.270.030 of the Bozeman Unified Development Code. Per section 38.370.03.D of the UDC exceptions may be made for concurrent construction to allow for building permit issuance. The following request is made for construction of the Medical Eye Specialists building concurrently with public infrastructure for the Eastlake Subdivision also known as Prospect Point. Improvements to public infrastructure include water, sewer, storm drain, curb and gutter and paved road and trail improvements. Prior to construction of on-site and off-site improvements, the applicant will obtain required approvals and permits from the City of Bozeman, and the Montana Department of Environmental Quality. The applicant understands that all necessary improvements must be completed and reviewed by the City prior to a Certificate of Occupancy being issued for the development. Response to the 14 criteria for concurrent construction (UDC Sec. 38.370.03.D), for site development are included below: 1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development; Response: A Master Site Plan has been reviewed and approved for this project. Current and subsequent site plans will be completed in accordance with the MSP for City review. The Site Plan submittal for Lot 4 has already been approved by the City. Construction of Lot 4 infrastructure is the reason for this concurrent build request. 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; 03/09/2022 January 25, 2022 PAGE NO. 2 tdhengineering.com Response: The property owner is prepared to enter into an improvement’s agreement with financial security for 150% of the cost of improvements acceptable to the City. The security will be made in the name of the City and extend a minimum of 6 months beyond the anticipated completion date. Estimated costs for the improvements agreement is attached in Appendix A. Prices are based on the contractors bid schedule for public infrastructure required for the project. The owner has already coordinated the security with the bank. Upon approval of the plan he will provide a completion bond in a form that is satisfactory to City requirements. 3. Improvements must be complete within two years of the date of the improvements agreement; Response: Public infrastructure Improvements are anticipated to be complete by June of 2022. 4. Approval of the final engineering design, including location and grade, for any public infrastructure 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; Response: Infrastructure approval has been granted by the City of Bozeman, and DEQ. Approval letters are included in Appendix B. 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; Response: Incremental phases as deemed necessary by the City are acknowledged by the applicant. Under no circumstance will building occupancy be issued prior to completion of the improvements agreement. 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; Response: The applicant (developer) is prepared to provide and maintain the required insurance and name the City as additional insured. 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; Response: The applicant (developer) acknowledges the risk of loss that may result from incomplete public services. 8. If public funds or other third-party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third-party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; Response: No public funds are anticipated for this project. 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; March 9, 2022 January 25, 2022 PAGE NO. 3 tdhengineering.com Response: The applicant understands that all necessary improvements must be completed and reviewed by the City prior to a Certificate of Occupancy being issued for the development. 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; Response: If deemed appropriate by the City, the applicant is willing to enter into an agreement with the City to address provision of services. 11. The developer must 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; Response: The applicant (developer) is aware of the risks associated with the concurrent build process and is prepared to enter into an agreement to hold harmless the City against any and all liabilities. The draft agreement is included in Appendix C and will be finalized upon approval of the concurrent construction plan and improvements agreement. 12. The developer must 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; Response: Extraordinary costs are not anticipated for this project; however, the developer agrees to cover costs if additional staff hours are deemed necessary for inspection and project oversight. 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and Response: The development is under the control of Eastlake Professional Center LLC. who is the sole developer of the Subdivision. The developer is working with a single general contractor (Langlas & Associates) to complete the work required for the infrastructure improvements. The General Contractor will supervise all work conducted on the site and will maintain control of the project until all required infrastructure improvements are complete, inspected, and accepted by the City. 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the community development director in consultation with the city engineer and with a recommendation from the development review committee. Response: Preliminary plat approval was granted on January 10th by the City planning department. The approval letter is included in Appendix D. The requirements for the concurrent construction plan are summarized in this letter of application. Additional concurrent construction documents required for review are included in the appendix of this plan submittal. March 9, 2022 January 25, 2022 PAGE NO. 4 tdhengineering.com Please feel free to contact me with any questions you may have during the review of this plan. Sincerely, ____________________ Alex Edwards, PE Civil Engineer TD&H ENGINEERING March 9, 2022 APPENDIX A IMPROVEMENTS AGREEMENT ITEM NO.DESCRIPTION ESTIMATED QUANTITY UNITS UNIT PRICE TOTAL AMOUNT ROADWAY IMPROVEMENTS Access Lots 1 & 2 (East of N. 27th) 501 12" Thick Subbase - 4" Minus 766 CY 38.00$ 29,108.00$ 502 6" Thick Crushed Base - 1.5" Minus 384 CY 46.00$ 17,664.00$ 503 3" Thick Asphalt Surface Course 1350 SY 19.00$ 25,650.00$ 504 Geotextile Fabric 1433 SY 8.50$ 12,180.50$ 505 Pin-down Curb Island 150 SF 29.00$ 4,350.00$ 506 ADA Ramp 4 EA 2,000.00$ 8,000.00$ 507 ADA Cast Iron Detectable Warning Surface 4 EA 1,200.00$ 4,800.00$ 508 Street Sign 4 EA 860.00$ 3,440.00$ 509 Relocate Street Sign 1 EA 770.00$ 770.00$ 510 Type A Crossing Striping w/8' Crosswalk Bars 1 EA 3,300.00$ 3,300.00$ 511 Type B Crossing Striping w/Yield Bars Both Sides 1 EA 5,500.00$ 5,500.00$ 512 Right Turn Only Symbol w/24" White Stop Bar 1 EA 3,200.00$ 3,200.00$ 513 Remove and Dispose of Asphalt/Concrete 121 SY 15.00$ 1,815.00$ Honor Lane (60' Right of Way) 601 12" Thick Subbase - 4" Minus 576 CY 38.00$ 21,888.00$ 602 6" Thick Crushed Base - 1.5" Minus 277 CY 48.00$ 13,296.00$ 603 3" Thick Asphalt Surface Course 1584 SY 19.00$ 30,096.00$ 604 Geotextile Fabric 1742 SY 6.00$ 10,452.00$ 605 Curb and Gutter 851 LF 21.00$ 17,871.00$ 606 Non Residential Driveway Approach (COB 02529-12)1 EA 3,900.00$ 3,900.00$ 607 5' Sidewalk 4" Thick 3927 SF 10.00$ 39,270.00$ 608 ADA Ramp 3 EA 1,200.00$ 3,600.00$ 609 ADA Cast Iron Detectable Warning Surface 3 EA 480.00$ 1,440.00$ 610 Street Sign 1 EA 860.00$ 860.00$ 611 Type A Crossing Striping w/24" White Stop Bar 1 EA 2,300.00$ 2,300.00$ 612 Type B Crossing Striping w/Yield Bars Both Sides 1 EA 6,300.00$ 6,300.00$ Subdivision Internal Roads 701 12" Thick Subbase - 4" Minus 514 CY 36.00$ 18,504.00$ 702 6" Thick Crushed Base - 1.5" Minus 257 CY 47.00$ 12,079.00$ 703 3" Thick Asphalt Surface Course 583 SY 19.00$ 11,077.00$ 704 Geotextile Fabric 1543 SY 6.00$ 9,258.00$ 705 Curb and Gutter 518 LF 21.00$ 10,878.00$ 706 Non Residential Driveway Approach (COB 02529-12)1 EA 6,600.00$ 6,600.00$ 707 5' Sidewalk 4" Thick 2090 SF 10.00$ 20,900.00$ 708 ADA Ramp 4 EA 2,000.00$ 8,000.00$ 709 ADA Cast Iron Detectable Warning Surface 4 EA 480.00$ 1,920.00$ 710 Type A Crosswalk Striping w/8' Crosswalk Bars 1 EA 860.00$ 860.00$ 711 Street Sign 1 EA 2,300.00$ 2,300.00$ EAST LAKE SUBDIVISION IMPROVEMENTS AGREEMENT 1/13/2022 Section 00300 BID FORM Page 1 of 2 Site Electrical 801 Light Poles 4 EA 7,200.00$ 28,800.00$ 802 Light Pole Bases 4 EA 7,000.00$ 28,000.00$ 803 Electrical Service 1 EA 4,800.00$ 4,800.00$ 804 Type 1 Pull-Box 6 EA 1,100.00$ 6,600.00$ 805 (2) 12" Utility Sleeves 2 EA 3,500.00$ 7,000.00$ 806 2" Sch. 80 PVC Conduit 680 LF 29.00$ 19,720.00$ 807 1.5" Conduit 15 LF 38.00$ 570.00$ 808 Conductor - Copper AAWG10 - 60V 3000 LF 1.15$ 3,450.00$ 472,366.50$ 708,549.75$ Improvements Agreement Subtotal: Financial Security (150%): Section 00300 BID FORM Page 2 of 2 APPENDIX B REGULATORY APPROVALS MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: Alex Edwards TD&H Engineering 234 E Babcock St #3 Bozeman, MT 59715 RE: Eastlake Professional Center-Main Extensions DATE: September 02, 2021 ----------------------------------------------------------------------------------------------------------- Mr. Edwards, The City of Bozeman has completed its review of the resubmittal of plans for the above referenced project and the plans are hereby accepted for construction by the City Engineer. All work performed must fully comply with the City’s Design Standards and Specifications Policy unless approved otherwise. Approval of the plans and specifications is hereby given with the following condition of approval: As proposed the sewer service at Sta 2+54 will exceed 6.5’ bury depth at the sewer stub end. This service stub must be installed per detail No. 02730-3 “Deep Sanitary Sewer Service Lines”. This detail must be included in the plans and a callout must be provided at the service to install it per this detail. The service must extend 8 feet past the easement line as seen in the detail. The applicant must address the City’s engineering comments above and provide an updated set of plans and specifications prior to holding the preconstruction conference. 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 that 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. Attached is a Preconstruction Meeting Agenda identifying topics of discussion to be addressed during the preconstruction meeting. 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. Also attached is a copy of the City's Certificate of Completion and Acceptance. This certification shall be accompanied by the following documents: 1) An accurate and complete set of Mylar Record Drawings signed by the Project Engineer, 2) A complete copy of the inspectors 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, Karl Johnson Development Review Engineer I cc: John Alston, Water/Sewer Superintendent John Vandelinder, Streets Superintendent Adam Oliver, Stormwater Project Manager Encl: Preconstruction Meeting Criteria Checklist Preconstruction Meeting Agenda Certified Checklist for Testing & Documentation Requirements for Infrastructure Improvements Certificate of Completion and Acceptance APPENDIX C HOLD HARMLESS AGREEMENT Inter-office Original to: City of Bozeman Planning Department P.O. Box 1230 Bozeman, MT 59771-1230 Concurrent Construction Hold Harmless Agreement Page 1 of 4 CONCURRENT CONSTRUCTION OF INFRASTRUCTURE HOLD HARMLESS AGREEMENT EASTLAKE PROFESSIONAL CENTER SUBDIVISION This agreement is made and entered in to this ____ day of ____________, 20__, by and between Eastlake Professional Center LLC. hereinafter referred to as “Developer” and the City of Bozeman, a Municipal Corporation of the State of Montana operating pursuant to its Charter, hereinafter called the “City.” In consideration of the mutual promises, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including the City approving concurrent construction of certain infrastructure for the Eastlake Professional Center LLC. pursuant to Chapter 38, Bozeman Municipal Code, the Developer hereby agrees as follows: 1. Concurrent Construction Requested/Agreement Required. The Developer submitted applications for concurrent construction [Application #] (Application Description) and [Application #] (Application Description) and has requested authorization from the City pursuant to Chapter 38, BMC, to construct certain buildings or structures concurrently with the construction of required infrastructure as indicated in the application(s). The Developer has also entered into an Improvements Agreement with the City which requires the Developer to complete certain improvements by a date certain established in the Improvements Agreement and provide security to the City to guarantee the installation of improvements (the “Improvements Agreement”). The Improvements Agreement is dated ______________, 20__ and recorded with the Gallatin County Clerk and Recorder as document number ________________. The City has approved applications [Application #s] subject to certain limitations and conditions, which include the Developer entering into this Agreement. Developer agrees to comply with all such conditions and limitations as indicated in the Findings of Fact or the Director of Community Development’s Decision for the Eastlake Professional Center Subdivision Concurrent Construction Plan dated [DATE] and known as applications [Application #] respectively and the provisions of Chapter 38, BMC. 2. Release/Hold Harmless/Indemnification. DRAFT Concurrent Construction Hold Harmless Agreement Page 2 of 4 a. Developer agrees to release, indemnify and hold harmless the City, its officers, agents, and employees (the “indemnitees”) from and against any suit, cause of action, claim, cost, expenses, obligation, and liability of any character, including attorney's fees to include costs and salary of attorneys employed by or retained by the city, which are brought or asserted for any injury, death, or physical damage to property, costs, damages, and for any other expenses, costs, and fees related to loss of use of property or other economic losses of any nature, as the above may be received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the City’s decisions regarding the approval, conditional approval, or denial of zoning or building permits related to the Eastlake Professional Center Subdivision. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Agreement 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). c. Developer’s indemnity under this Agreement shall be without regard to and without any right to contribution from any insurance maintained by City. d. Should the City be required to bring an action against the Developer to assert its right to defense or indemnification under this Agreement the City shall be entitled to recover reasonable costs and attorney fees, including costs and salary of attorneys employed by or retained by the City incurred in asserting its right to indemnification or defense, but only if a court of competent jurisdiction determines the Developer was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. e. Developer also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement and the limitations and requirements of concurrent construction. f. These obligations shall survive termination of this Agreement and the services performed hereunder. 3. Remedies. In addition to any other remedy available to the City at law or equity, Developer agrees that should the Developer not complete the improvements required by the Findings of Fact or Director of Community Development’s Decision and the Improvements Agreement referenced in Section 1 the City may, for any of the real property subject to the concurrent construction requirement and without notice: (i) issue an order stopping work on the ongoing construction of any building or structure; and/or (ii) deny the issuance of any pending application for a building permit. In addition, the Developer hereby grants the City the authority to, without notice, revoke DRAFT Concurrent Construction Hold Harmless Agreement Page 3 of 4 approval for concurrent construction by recording a document with the Gallatin County Clerk and Recorder. 4. Miscellaneous. a. Successors and Assigns. The terms, covenants and conditions of this Agreement shall run with the land and be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. b. Governing Law. This Agreement is executed and delivered and is to be performed in, and shall be governed by and construed in accordance with, the laws of the State of Montana. c. Entire Agreement. This Agreement expressly terminating all previous agreements among the parties related to the property, and constitutes and contains the entire agreement between City and Developer and supersedes any and all prior negotiations, correspondence, understandings and agreements between the parties respecting the subject matter hereof, except the Improvements Agreement. #### END OF AGREEMENT EXCEPT FOR SIGNATURES #### DRAFT Concurrent Construction Hold Harmless Agreement Page 4 of 4 CITY OF BOZEMAN Martin Matsen Director of Community Development LANDOWNER _________________________________________ Eastlake Professional Center LLC. By: Randy Scully Title: President DRAFT APPENDIX D PRELIMINARY PLAT APPROVAL CONDITIONS OF APPROVAL – PLANNING Comments received 1.10.2022 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The existing 10-foot utility easement must be released prior to final plat and cannot be shown on the final plat. 3. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to East Valley Center Road including paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements to North 27th Avenue and Catamount Street e. Intersection improvements to East Valley Center Road and Catamount Street f. Intersection improvements to North 27th Avenue and East Valley Center Road g. Intersection improvements to North 19th Avenue and East Valley Center Road h. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior any future development. 4. The proposed project falls within the Bozeman Solvent Site boundary. The property is underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells may be installed on this property and any excavation and dewatering will require additional construction oversite. Please contact the Montana Department of Environmental Quality for additional information on construction requirements within the solvent site. 5. The Final Plat must contain the following notation on the Conditions of Approval sheet: Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. CODE REQUIREMENTS – FINAL PLAT 1. 1.Sec. 38.220.070. - Final plat. a. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates. b. A letter from the city engineer certifying that the following documents have been received: i. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public improvements, including a complete grading and drainage plan. c. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. d. Irrigation system as-builts. The developer must provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements, once the irrigation system is installed. The as-builts must include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. e. A conditions of approval sheet addressing the criteria listed in this section must be provided with the final plat as set forth in 24.183.1107 ARM and must: i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located. ii. Contain any text and/or graphic representations of requirements by the governing body for final plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels. iii. Include a certification statement by the landowner that the text and/or graphics shown on the conditions of approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied. iv. Include a notation stating that the information shown is current as of the date of the certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations. v. Include a notation stating that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local community development department and become informed of any limitations on the use of the property prior to closing. vi. List all associated recorded documents and recorded document numbers. vii. List easements, including easements for agricultural water user facilities. 2. Sec. 38.220.310. - Property owners' association. a. The responsibility of maintenance for the stormwater facilities, and street frontage landscaping for the perimeter streets must be that of the property owners association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. All public access areas to be owned and maintained by the property owners association. 3. Sec. 38.400.060. - Street improvement standards; Sec. 38.400.060. - Street improvement standards. a. North 27th Ave must be constructed to the City’s Collector standard including curb gutter and sidewalk from the southern edge of the property line to the intersection of Valley Center Drive. 4. Sec. 38.400.090. - Access. a. A 1 foot no access strip shall be placed along all lots fronting East Valley Center. b. Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the State Public Works Standard Specifications per Bozeman Municipal Code requirements. The final plat must contain the above listed notations on the Conditions of Approval sheet 5. Sec. 38.410.060. - Easements. a. All dedicated public easements must be recorded the Citys standard template easement documents separate from the plat and the recorded document number must be listed on the final plat b. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. c. A public utility easement must be granted for all public utility mains not located within public street right-of-way. An easement must be at least 30 feet wide for either one or two utility mains. An additional ten feet of width is required for each additional main that occupies the easement. Wider easements may be required at the discretion of the city for large utility lines. d. The pedestrian right-of-way easement must be included. 6. Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. a. The project is reliant on completion of offsite water and sewer infrastructure associated with the Billings Clinic Ambulatory Destination Center Phase I Site Plan. These improvement are under control of third party developer and contractor and therefor are not eligible for Concurrent Construction. These improvements must be completed and accepted by the City prior to Final Plat approval. 7. Sec. 38.410.120. - Mail delivery. a. If mail delivery will not be to each individual lot within the development, the developer must provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. The city will not be responsible for maintaining or plowing any mail delivery area constructed within a city right-of-way. 8. Sec. 38.600.160. - Administration of regulations. a. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 9. BMC 38.270.030.D .2 - The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; 10. BMC 38.270.030.D.4 - Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the Montana Department of Environmental Quality prior to issuance of any building permit for the development. 11. BMC 38.270.030.D.6 - The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 12. BMC 38.270.030.D.14 - Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the community development director in consultation with the city engineer and with a recommendation from the development review committee. 13. BMC 38.240.400.A - Where improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements.