HomeMy WebLinkAbout97- Doren LLC, Learning Circle Elementary School Indemnification and Hold Harmless Agreement
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
WHEREAS, Doren L.L.C. has requested five variances from the City of
Bozeman's zoning and subdivision regulations in order to develop the Learning Circle
Elementary School;
WHEREAS, the variances will allow the undersigned to proceed with the
construction of the Learning Circle Elementary School prior to: adoption of zoning by the
City of Bozeman for the North Meadows Subdivision; final plat approval by the City of
Bozeman for the proposed Learning Circle Elementary School lot; and, the installation
and acceptance of public infrastructure;
WHEREAS, the Bozeman City Commission voted to approve the requested
variances;
WHEREAS, conditions of approval for the variances include: executing an
indemnification and hold harmless agreement; refraining from requesting additional
variances in relation to the development of the Learning Circle Elementary School; and,
agreeing that occupancy of the Learning Circle Elementary School will not occur prior to
installation of improvements;
WHEREAS, Sunrise Development L.L.C. owns the property on which the
Learning Circle Elementary School will be developed;
THE UNDERSIGNED, in consideration of obtaining building permits issued by
the City of Bozeman prior to: adoption of zoning by the City of Bozeman for the North
Meadows Subdivision; final plat approval by the City of Bozeman for the proposed
Learning Circle Elementary School lot; and, the installation and acceptance of publie
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Indemnification and Hold Harmless Agreement
Page 2
infrastructure, agrees to indemnify, defend, and hold hannless, the City of Bozeman, its
employees, agents and assigns from any and all cause or causes of action, claims and
liability, including but not limited to personal injury, illness, death, property damage,
demands, fees, costs and charges, of whatever kind, name or nature, in any manner arising
out of the development of the Learning Circle Elementary School, including all costs and
liabilities associated with improvements of structures and infrastructure, on a site which
will most likely be described as Lot 3, Block I, North Meadows Subdivision, Bozeman,
Montana.
The undersigned agree to refrain from requesting additional variances in relation to
the development of the Learning Circle Elementary School and, furthermore, agree that
occupancy ofthe Learning Circle Elementary School will not occur prior to installation of
improvements as required by the City of Bozeman. The undersigned agree that they have
the authority to enter into this agreement and to bind their respective entities.
Dated this --I-- day of /lcAfO'ih ,1997.
Doren L.L.C.
BY:~~~
Michael Liebelson
Title: ~A"J/;'" ~H~
Title: pA.(iJ-'~ -
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