HomeMy WebLinkAbout23 - Hold Harmless & Indemnification - RG 5400 Fowler LLC - Homestead at Buffalo Run Inter-office Ori ink 2808646
City of Bozeman Page: 1 of 5 08/16/2023 10.37:30 AM Fee: $40.00
Planning Department Eric II��IIIIIII��I�IIIIIIIIIIIIII Gallatin
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P.O.Box 1230
Bozeman,MT 59771-1230
CONCURRENT CONSTRUCTION OF INFRASTRUCTURE
HOLD HARMLESS AGREEMENT
Homestead at Buffalo Run
This agreement is made and entered in to this N"tay of U Itdtst 2023, by and between RG
5400 Fowler 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 Homestead at Buffalo Run pursuant to Chapter 3 8,Bozeman Municipal Code,
the Developer hereby agrees as follows:
1. Concurrent Construction Requested/Agreement Required. The Developer submitted
applications for concurrent construction Application 21424, Homestead at Buffalo Run 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 August
9,2023 and recorded with the Gallatin County Clerk and Recorder as document number 2808254.
The City has approved application 21424 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 Homestead at Buffalo Run dated October 24, 2022 and known as
application 21424 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
Concurrent Construction Hold Harmless Agreement
21424 Homestead at Buffalo Run SP
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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 Homestead at
Buffalo Run(Application 21424).
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.
£ 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.
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.
Concurrent Construction Hold Harmless Agreement
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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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DEVELOPER
/4i�--
RG 5400 Fowler LLC
By: Drew Kraft
Title: Vice President
STATE OF COLORADO )
:ss
COUNTY OF _DENVER_ )
On this�day of VJ , 202�, before me, the undersigned, a Notary
Public for the State of a6yam , personally appeared
pY-/W Y—yk,-Ck , known to me to be the Developer that executed the within
instrument, and acknowledged to me that they executed the same for and on behalf of Developer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
rinted Name Here) V)Ayj�t a
DANIELAALEXANDER Notary Public for the State ofrM
NOTARY PUBLICSTATE OF COLORADO Residing at V1
NOTARY ID 20194040405 My Commission Expires: b^"
MY COMMISSION EXPIRES OCTOBER23,2023 (Use 4 digits for expiration year)
Concurrent Construction Hold Harmless Agreement
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CITY OF BOZEMAN
By::A::—nna Bentley,
mmunity Developmen irector
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of .A l M u—St , 2023, before me, a Notary Public
for the state of Montana, personally appeared Anna Bentley, known to me to the person
described in and who executed the foregoing instrument as the Community Development
Director, of the City of Bozeman, whose name is subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
i
�NAN c JONATHAN C FULLER Public for the State of Montana
?P G<<= Notary Public
o:,AoTARrq4*.p_for the State of Montana
Residing at:
Bozeman, Montana
of Mo :. MY Commission Expires:
• "' •• •' December 28,2026
Concurrent Construction Hold Harmless Agreement
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