Loading...
HomeMy WebLinkAbout2023-070EP Mail to: M T City of Bozeman Engineering P.O. Box 1230, Bozeman, MT 59771 Engineering Division Or Hand-deliver to: 20 E. Olive St. Permit# a0-�I3. 0-7 O CONTRACTOR ENCROACHMENT PERMIT 1. Name of Applicant: Andrew Allen - Lions Gate Developers 2. Address of Applicant: 3043 Royal Wolf Way, Bozeman MT 3. Applicant Contact: Andrew Allen Phone #: 218-230-4983 Email Address: IionsgateMT@gmail.com 4. If Applicant is a Corporation, give State of Incorporation and names of President and Secretary: S. Nature of Permit desired (Give sufficient detail to provide a thorough understanding): 22226 Lions Gate Developent SP: Ref.# 21 CONDITIONED COMMENT proposed drainage system, which is located entirely on our lot and is not located within the "common open spacemn of the Nelson Meadows Subdivision. Due to the proximity of the drainage to the public trail, an encroachment permit was requested to be filed by Suzanne Ryan for our _nroiect_ 6. Legal Description (if known) and address of location of proposed map, if needed. hut 19 in Block 4 of the final plat of Nelson Meadavvs Subdivision, City of Bozeman, Gallatin County MT. (Plat J-680) 7. Desired duration of permit (Dates work planned): Work TBD - Anticipated beginning spring of 2024. P.O.20 East Olive Stt,ee Box 1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. MT Engineering Division 8. Remarks: PERMIT This Encroachment Permit is subject to the following terms: 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 o • :� 1 Bozeman, 1 TDD: 406-582-2301 THE MOST LIVABLE PLACE. MT Engineering Division 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 • • Box 1230 Q20 EastOLive Street © :. • � •. :• © 4•. •• • TDD: 406-582-2301 THE MOST LIVABLE PLACE. MT Engineering Division 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. ® P.O. Box 1210 TDD: 406-582-2301 THE MOST LIVABLE PLACE. MT Engineering Division 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. 14. Other Conditions and Remarks: Q CJ, a k1')t _.Q _41,o .o Derr g-� APPLICANT CITY OF BOZEMAN The undersigned hereby certifies that Approved Disapproved s/he is empowered to execute this document and that the"Permittee" agrees to the terms of this permit. _Andrew Allen PERMITTEE (Please print name) Andrew Allen - Lions Gate Developers COMPANY OR CORPORATION By Andrew Allen (Title) City of Bozeman Signature 11/27/2023 lei LZI (Signature) (Date) (Title (Date) 0 • East OLive Street I © � •.Bozeman, :• © 0. .• TDD: 406-582-2301 THE MOST LIVABLE PLACE. aA3fPgP �d A i VNVINOW p c'WH3ZCG'AVM dM WAON SSVC ` � F ■ O m 29 V)4:)016'6l 101*MOOV3W NOS-13N =R Mu7I !� °Pa �E�oT 137VHgNH`J 1N3Wd013A3O31VOSNOT-I ov. � a HIM 1 3 s will in 1jS A 8. p l p$Y gp°ki7gjp§§B � g ax:I.O f F210 m _,S �yT`31!` il � 4 J• ` I _ p _3( aF -------------- Es2PP E 5p E g -------- a, -- _ •„ ----------- I 9 / j a 8 E :iS �•� _ A g I _____________ --__ / --------------------------- - -——————— „ // `/• // _ SIC(` 411 ��e¢ �'�ems` `'�' �P� ,:.'y.!C� •a '���� � 44 , / / / i