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