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HomeMy WebLinkAbout19- Addendum 2 to Impact Fee Payment Agreement - East Main Investments, LLC - Blackmore Marketplace Building Site ti SECOND ADDENDUM TO CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENT THIS SECOND ADDENDUM TO THE CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENT dated June 9,2017 (the"Agreement") is made and entered into this_L2 day of , 2019,by and between the CITY OF BOZEMAN,MONTANA, a self governing municipal corporation 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 to amend the Agreement as follows: 1. Allocation of Actual Project Costs. The Actual Project Costs may be less than or more than Estimated Project Costs. As such, the Developer and the City agree: a. The Actual Project Costs will be allocated as follows: no more than $250,000 $120,000.00 of Actual Project Costs are allocated to and must be paid by the City with the remainder of Actual Project Costs allocated to and must be paid by the Developer. Notwithstanding the above, the City will pay no more than $250,000 $120,000.00 in Actual Project Costs should the allocation of Actual Project Costs between the parties exceed the allocation of Estimated Project Costs between the parties as shown in Section 4. As such, if the Actual Project Costs, as determined by the City based on invoices and other evidence and accepted by the City,are less than originally estimated, (a) the City will pay $250,000 $128;900.00-of the amount of Actual Project Costs up to but not to exceed $250,000 $129;000.00 and (b) the Developer will pay the remainder of the amount of Actual Project Costs incurred including any amount in excess of the City's maximum contribution of$250,000�. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Second 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 patties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN,MONTANA DEVELOPER(East Main Investments,LLQ By By Andrea Surratt, 6VTOanager Print Na We: 6 Id E , Ct � J. Title: M 4 r- APPROVED AS TO FORM BY Greg Sullivan, Bozeman City Attorney Second Addendum to City of Bozeman Impact Fee Payment Agreement for Blackmore Marketplace Building Site Plan Application 16-531 Page 2 of 2