HomeMy WebLinkAbout23 - Hold Harmless & Indemnification - Stockman Bank of Montana - Springbrook Addition, Block 2 Return to: 2813762
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City of Bozeman Eric Semerad - Gallatin County, MT MISC
City Clerk
PO Box 1230
Bozeman, MT 59771-1230 RELEASE OF LIABILITY AGREEMENT
This Release of Liability Agreement(the "Agreement") is made and entered on this
21 st day of September, 2023 ("Effective Date") by and between Stockman Bank of
Montana, a Montana corporation ("Stockman" or"Releasor") and City of Bozeman (the
"City" or"Releasee").
RECITALS
WHEREAS, Stockman owns certain real property in Bozeman, Gallatin County,
Montana, as described in Exhibit A, which is located on either side of a public alley, as shown in
the blue shaded area of Exhibit B (the "Alley");
WHEREAS, Stockman intends to build a standalone drive through north of the Alley and
power the drive through by running underground lines from the existing building, south of the
Alley, north underneath the Alley to the drive through; and
WHEREAS, the City requires Stockman to release liability for claims related to burying
such privately owned lines in the alley prior to issuing a Public Right-of-Way Occupancy Permit
and Stockman agrees to provide such release subject to the terms and conditions set forth herein.
NOW THEREFORE, for good and valuable consideration, receipt of which is
acknowledge by the parties' signatures below, the parties agree as follows:
AGREEMENT
1. Recitals Incorporated. The foregoing Recitals are incorporated herein as if fully
set forth.
2. Release. Stockman shall discharge, release, waive, forfeit and acquit the City of
any and all litigation, damages, costs, attorney's fees or any other claims of damage caused by
the City to Stockman's buried lines in the Alley ("Claims"). This release, waiver, forfeiture and
acquittal of Claims shall bind Stockman, its agents, insurers, attorneys, contractors, servants,
directors, shareholders, employees, and all other persons, firms, corporations, trusts, associations,
or partnerships of Stockman from all claims, demands, and causes of action Stockman may
hereafter accrue, arising out of or related to the Claims.
3. Attorney's Fees and Costs. In the event a dispute arises hereunder, the prevailing
party shall be entitled to its reasonable attorney's fees, costs, disbursements, and all other
expenses incurred by the prevailing party in connection with the resolution of the dispute or in
connection with the enforcement of this Agreement. Each party shall pay their own attorneys
fees and costs incurred to date regarding the issues that are the subject of this Agreement.
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4. Governing Law. In the event a dispute arises under this Agreement,the dispute
shall be governed and determined by the laws of the State of Montana in effect at the time of this
Agreement.
5. Successors and Assigns. Each and all of the covenants, terms, provisions, and
agreements contained in this Agreement shall be binding upon the parties and their respective
successors and assigns.
6. Severability. If any provision of this Agreement or its application to any person
or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this
Agreement and its application shall not be affected and shall be enforceable to the fullest extent
permitted by law.
7. Disclaimer. The parties represent that they have carefully read the foregoing; that
each has been given ample time and opportunity to discuss the legal effects of this Agreement
with its respective legal counsel and advisors; that each understands the contents of this
Agreement and each agrees to sign the same of its own free will and accord.
8. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same instrument. A
facsimile containing a signature of one or more of the parties hereto shall be deemed an original.
9. Entire Agreement. This Agreement constitutes the entire agreement among the
parties with respect to its subject matter and may only be modified, amended, or restated in
writing signed by all the parties.
DATED this 21 st day of September , 2023.
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RELEASOR
Stockman Bank of ontan
u
By: /
Title:
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this D day of , , 2023,before me,the undersigned,a Notary Public for
the State of Montana, personally appeared .ryl +�M , known to me to be the
of Stockman Bank of Montana that executed the within instrument,and
acknowledged to me that they executed the same for and on behalf of releasor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
Notary Public for the St 4f Montana
JESSICAHARRINGTON
NOTARY PUBLIC For the v •,C �`
State of Montana
SEAL
fir\ k'Residing at Miles City,Montana
�F My Commission Expires
October 15,2025 Printed Name
Notary Public for the State of
Residing at {";�a ra C,I l-c
My Commission Expires: ic,�
ACCEPTED:
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CITY OF BOZEMAN
B
City na
ATTEST: 4'� � ,
City Clerk e�• ® .tl'�
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of lY , 2023, before me, a Notary Public for the State of
Montana, personally appeared JEFF MI14ELICH and MIKE MAAS, known to me to be the City Manager
and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of the City of
Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year
first above written.
� (SEAL)
JULIE HUNTER
Notary Public
No r lic for the State of Montana �. osAR,a for the stato of Montana
`� -- = Residing at:
��.SEAL.=Q Bozeman, Montana
9 P: My Commission Expires:
June 11,2025
Printed Name
EXHIBIT A
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Lots 1 thru 6 and Lots 7 thru 12, Block 2 of Springbrook Addition to the City of Bozeman,
Gallatin County, Montana, and as shown on Certificate of Survey No. B-24-A, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin
County, Montana, and all of Lot 16 and 20 feet off of the East side of Lot 17 in Blockr2 of the
Springbrook Addition to the City of Bozeman, Gallatin County, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin
County, Montana. (Deed Reference: Book 155 of Deeds, Page 116).
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EXHIBIT B
s
a
44
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