Loading...
HomeMy WebLinkAbout21- Concurrent Installation of Infrastructure Hold Harmless Agreement Bridger View PUD & Subidvision Phases 1-3 Inter-office Original City of Bozeman Planning Department P.O.Box 1230 Bozeman,MT 59771-1230 CONCURRENT INSTALLATION OF INFRASTRUCTURE HOLD HARMLESS AGREEMENT BRIDGER VIEW PLANNED UNIT DEVELOPMENT AND SUBDIVISION PHASES 1-3 This agreement is made and entered in to this day of J U,JW , 2021, by and between Headwaters Community Housing Trust (HCHT), hereinafter refe4ed 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 installation of certain infrastructure for the Bridger View Planned Unit Development 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 #19464 Bridger View Redevelopment Preliminary Planned Unit Development, #19466 Bridger View Preliminary Plat, #20345 Bridger View Final Planned Unit Development and # Q 10-A-4 Bridger View Final Plat and has requested authorization from the City pursuant to Chpt. 38, BMC, to construct certain buildings or structures concurrently with the construction of required infrastructure as indicated in said application. 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 recorded with the final plat of Bridger View and provide security to the City to guarantee the installation of improvements (the "Improvements Agreement'). The Improvements Agreement is dated b to - 2 a • 20 2 I , 2021 and recorded with the Gallatin County Clerk and Recorder as document number a . The City has approved applications #19464, #19466, #20345 and#Z I n l subject to Concurrent Construction Agreement Page 1 of 6 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 for Bridger View Preliminary Plat dated September 14, 2020 and known as application #19466 respectively and the provisions of Chapter 38, BMC. 2. Release/Hold Harmless/Indemnification. 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 Bridger View Planned Unit Development. 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 any indemnitee described herein be required to bring an action against the Developer to assert its right to defense or indemnification under this Agreement the indemnitee shall be entitled to recover reasonable costs and attorney fees, including costs and salary of attorneys employed by or retained by an indemnitee 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 indemnitee for a claim(s) or any portion(s)thereof. e. In the event of an action filed against an indemnitee resulting from the indemnitee's performance under this Agreement, the indemnitee may elect to represent itself and incur all costs and expenses of suit. Bridger View PUD and Subdivision,Applications 19464,19466,20345 and 210�1 Page 2 of 6 f. 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. g. 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 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 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. Attorney's Fees and Costs. That in the event it becomes necessary for either party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs including those attorneys employed by or retained by the city. c. 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. d. 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. Bridger View PUD and Subdivision,Applications 19464,19466,20345 and Z u11 Page 3 of 6 ####END OF AGREEMENT EXCEPT FOR SIGNATURES #### Bridger View PUD and Subdivision,Applications 19464,19466,20345 and Page 4 of 6 City of Boze n Date: Z— Martin Matsen Director of Community Development veloper-Headwaters Community Housing Trust Signature: Date: Printed: Title: STATE OF MONTANA ) ss. County of Gallatin ) Nota ublic for the State of Montana Printed Name: MU I oc am bej!f,C (SEAL) Residing in emA� My Commission Expires: Ian Ua r-,.Ai TAYLOR CHAMBERS Notary Public tiQIA o-VARrA4�9,R_for-the State of Montana :*- Residing at: N�.SEAL,.j' Bozeman, Montana ?� ••• P.' My Commission Expires: of Mo `° January 12,2025 Bridger View PUD and Subdivision,Applications 19464,19466,20345 and .Z 01 Page 5 of 6 Developer-Headwaters Community Housing Trust . 01- b SignatureWMA�-- Date. ( ZoZ 4 Printed: l' "AI -V, t"VA Title: 5Xz1V /r-- vlmTr' STATE OF MONTANA ) ss. County of Gallatin ) 1 S� This instrument was acknowledged before me on the day of U� , 202 by as of the Headwaters Community Housing Trust. , tea MEAGAN BROWN " NOTARY PUBLIC for the STATE OF MONTANA Residing at Belgrade,Montana Notary Public for e ate of Montana i� My Commission Expires ✓. October29,2022 printed Name: (SEAL) Residing V My Commission Expires: l0, Q� a6�D a Bridger View PUD and Subdivision,Applications 19464,19466,20345 and .2 10 Page 6 of 6