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HomeMy WebLinkAbout19- Addendum 1 to Impact Fee Payment Agreement - East Main Investments, LLC - Blackmore Marketplace Building Site Plan (Heeb's) FIRST ADDENDUM TO CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENT THIS FIRST ADDENDUM TO THE CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENT is made and entered into this l o day of , 201)$, y and between the CITY OF BOZEMAN, MONTANA, a self governing municipal core ration organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,hereinafter referred to as "City," and East Main Investments, LLC, 1184 North 151h Avenue, Suite 4, Bozeman, MT 59715 hereinafter referred to as "Developer." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. The Project. Section 2 of the City of Bozeman Impact Fee Payment Agreement, dated June 9, 2017 and approved by the Bozeman City Commission on September 11, 2017 is hereby amended to read as follows: a. The Project: The construction of improvements (the "Project") consists of installation of traffic signal improvements at the Highland Boulevard and East Main Street intersection and associated street improvements as shown on the Concept Plans and Specifications attached as Exhibit 1. Prior to the first and any payment by the City Developer must submit to the City Engineering Division an approved set of Plans and Specifications for the Project. No eeeupaneyof any st me+ure to be built on the Development will be authorized until the City Engineering Division, in its sale diseretion, appFaves the final Plans and SpcEifieatio rs--an all �i^v�c'cirr@i�s—are eemplete and aeeepce the City. The Developer's obligations to construct the Project is subject to the Improvements Agreement for the Blackmore Marketplace Site Plan Application dated the day of December, 2018. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** First Addendum to City of Bozeman Impact Fee Payment Agreement for Blackmore Marketplace Building Site Plan Application 16-531 Page 1 of 2 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA DEVELOPER(East Main Investments, LLC) 1 B c--J B Y Y Andrea Surratt, City M nager Print Na . Title: APPROVED AS TO FORM I By Greg Sullivan, Bozeman City Attorney First Addendum to City of Bozeman Impact Fee Payment Agreement for Blackmore Marketplace Building Site Plan Application 16-531 Page 2 of 2