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HomeMy WebLinkAboutHold Harmless Concurrent ConstructionInter-office Original to: City of Bozeman Planning Department P.O. Box 1230 Bozeman, MT 59771-1230 Concurrent Construction Hold Harmless Agreement Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4 CITY OF BOZEMAN Anna Bentley Interim Director of Community Development LANDOWNER _________________________________________ Eastlake Professional Center LLC. By: Randy Scully Title: President