HomeMy WebLinkAboutHold Harmless doc Inter-office Original to:
City of Bozeman
Planning Department
P.O.Box 1230
Bozeman,MT 59771-1230
CONCURRENT CONSTRUCTION OF INFRASTRUCTURE
HOLD HARMLESS AGREEMENT
EASTLAKE PROFESSIONAL CENTER SUBDIVISION
This agreement is made and entered in to this ?? day of May, 2022, by and between Eastlake
Professional Center LLC. hereinafter referred 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 construction of
certain infrastructure for the Eastlake Professional Center LLC. 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 [Application #22099] (Subdivision Final Plat) and
[Application#21149] (MES Site Plan) and has requested authorization from the City pursuant to
Chapter 38,BMC,to construct certain buildings or structures concurrently with the construction of
required infrastructure as indicated in the application(s). 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 and provide security
to the City to guarantee the installation of improvements (the "Improvements Agreement"). The
Improvements Agreement is dated Date and recorded with the Gallatin County Clerk and Recorder
as document number . The City has approved applications [Application #s]
subject to 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 or the Director of Community Development's Decision for the Eastlake
Professional Center Subdivision Concurrent Construction Plan dated [DATE] and known as
applications [Application#22099] respectively and the provisions of Chapter 38,BMC.
2. Release/Hold Harmless/Indemnification.
Concurrent Construction Hold Harmless Agreement
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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 the Eastlake
Professional Center Subdivision.
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 the City be required to bring an action against the Developer to assert its right to defense
or indemnification under this Agreement the City shall be entitled to recover reasonable costs
and attorney fees, including costs and salary of attorneys employed by or retained by the City
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 City for a claim(s)or any portion(s)thereof.
e. 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.
f. 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 or
Director of Community Development's Decision 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.
Concurrent Construction Hold Harmless Agreement
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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. 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.
c. 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, except the
Improvements Agreement.
####END OF AGREEMENT EXCEPT FOR SIGNATURES####
Concurrent Construction Hold Harmless Agreement
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CITY OF BOZEMAN
Anna Bentley
Interim Director of Community Development
LANDOWNER
Eastlake Professional Center LLC.
By: Randy Scully
Title: President
Concurrent Construction Hold Harmless Agreement
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