HomeMy WebLinkAbout21- Amendment 1 - PSA Sterling BZN - Fire Station 1 Sale s +
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
SALEJ)F FIRE STATION 1 dated July 27, 2021 (the "Agreement") is made and entered into
this'l day of September 2021,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 Sterling BZN,LLC,a Montana limited
liability company, 895 Technology Boulevard, Suite 101, Bozeman, Montana, 59718, hereinafter
referred to as"Contractor"The City and Contractor may be referred to individually as"Parry"and
collectively as"Parties."
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. Schedule 1 (Transaction Parameters) of the Scope of Work. Schedule 1 of the Scope of
Work attached to the Agreement is amended as follows:
a. Delete the following: "[Pr-i e and Land d Use s der-.bons broker should by guided-
by, and also sale pr-ee-ess auctten with fennat-info or-open bid perivcc .."
b. Add the following:
"The City will review all offers provided to Broker and may determine to reject all
offers, negotiate one or more offers, or accept an offer as submitted. The
determination of rejection,negotiation,and acceptance of an offer is within the sole
discretion of the City. An offer is not accepted until approved by an ordinance of
the Bozeman City Commission.
Broker must issue the following addenda to the Offering Memorandum: (i) extend
the current offer review date to November 8,2021; and(ii)add the following to the
Offer Conditions and Process(page 7)under`Making an Offer:Requested Format':
First Amendment to Professional Services Agreement for Marketing Agreement for Sale of Fire Station#1
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The City of Bozeman issues this Addendum to provide additional information
regarding the process the City will undertake to review, negotiate, and select an
offer for the purchase of Fire Station 1. The City's Strategic Plan identifies goals
and objectives with one of the most critical being the provision of housing
affordable to city residents especially those of low to moderate income.As such, in
evaluating offers, in addition to evaluating the offered purchase price and other
requested contingencies,the City may place a preference on offers that, in addition
to the purchase price, address the affordability of housing in our community.
The City recognizes potential purchasers may have different concepts for the future
use of the property. This may include re-purposing Fire Station 1 or redeveloping
the site. As such, the City is not requiring those submitting offers to address
affordable housing in the offer. The City is not bound to accept offers that address
affordable housing. The City may, in its discretion, accept an offer or negotiate one
or more offers considering factors such as purchase price,requested contingencies,
and whether an offer addresses affordable housing. The City may select an offer or
negotiate an offer based solely on purchase price and requested contingencies."
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
3. Agreement Subject to City Commission Ratification. This Agreement must be ratified
by a majority vote of the Bozeman City Commission.
Y x END OF AGREEMENT EXCEPT FOR SIGNATURES YYYY
First Amendment to Professional Services Agreement for Marketing Agreement for Sale of Fire Station#1
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN,MONTANA STERLING BZN, LLC
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By &jZeZd By
J f i elich, City Manager Prin N e: e`YAtA1 ---AC,eZ--'
Title:
APPROVED AS TO FORM
B
Greg Sullivan, Bozeman City Attorney
First Amendment to Professional Services Agreement for Marketing Agreement for Sale of Fire Station#1
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