HomeMy WebLinkAbout14- The Knoll at Baxter West Major Subdivision Hold Harmless and Indemnification Agreement J-514
Send.,Orighial to:
City of Bozeman Clerk
P.O. Box 1230
121 North Rouse Avenue
Bozeman,MT 59771
page i of 5 01/09/2014 12 03 17 PM Fee sS oo
Charlotte Nins - Gallatin County, MT MISC
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HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BETWEEN:
THE KNOLL AT BAXTER WEST (BMW, LLC) AND CITY OF BOZEMAN
This HOLD HARMLESS AND INDEMNIFICATION AGREEMENT is made and
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entered into this day of 2014, by and between BMW, 11.,C,
235 Green Hills Ranch Road, Bozeman, MT 59718, hereinafter called the "Subdivider", and the
CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of
Montana, with offices at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, mT
59771-1230, hereinafter called the "City".
In consideration of granting Final Plat Approval prior to completion Of Municipal water
distribution, municipal sanitary sewer collection systems, and city streets being provided to serve
a development proposal occurring under the provisions of Chapter 38, Article 20, Bozeman
Municipal Code (BMC), planned unit development (PUD), the undersigned Subdivider agrees to
indemnify and hold harmless the City, its officers, agents and employees from any and all
The Knoll at Baxter West Major Subdivision-Hold Harmless and Indemnification Agreement 1
liability, claims, costs, suits, causes of actions,judgments or damages, including attorneys' fees,
arising out of the approval of the Final Plat of The Knoll at Baxter West Major Subdivision by
this Subdivider.
The Knoll at Baxter West is legally described as a portion of Tract I A of the Amended
Plat of Baxter Meadows Subdivision, Planned Unit Development, Phase 1, Tract 1, located in the
Southwest One-Quarter (SW '/4) of Section 34, Township One South (TIS), Range Five East
(R5E), P.M.M., City of Bozeman, Gallatin County, Montana. The Subdivision Plat is attached
and made a part of this Agreement, as Exhibit "A".
The undersigned understands and acknowledges that this Hold Harmless and
Indemnification Agreement requires that the City, its officers, agents and employees be
indemnified and held harmless for any and all liability, claims, costs, suits, causes of action,
judgments or damages sustained by the City or any other person or persons for bodily injury and
for injury to or loss of property resulting from, caused by or rising out of the conduct of the
Subdivider and/or any employee, contractor, consultant, guest, property owner, Home Owners
Association officer, visitor or other person with interest in this subdivision referred to in this
Agreement. This Hold Harmless and Indemnification Agreement shall. also pertain to any such
claims alleging negligence on the part of the City.
The undersigned further agrees to release any claim that they may have in the future
against the City relating to Subdivision property or facilities, including claims alleging
negligence on the part of the City.
The undersigned further agrees to furnish the City with a Certificate of Insurance naming
the City as an additional insured party. The subdivider shall provide and maintain fire hazard
and liability insurance which shall name the city as an additional insured and such issuance shall
'Tice Knoll at Baxter West Major Subdivision—Hold Harmless and Indemnification Agreement 2
not be cancelled without at least 45 days prior notice to the city. The subdivider shall furnish
evidence, satisfactory to the city, of all such policies and the effective dates thereof.
In order to induce the City to accept this Hold Harmless and Indemnification Agreement,
the following information concerning the application for any and all Certificate of {occupancy
applications shall be provided:
a. Municipal water distribution.
b. Municipal sanitary sewer collection
c. installation of side walks
d. City streets meeting or exceeding; the requirements in Section 38.24, BMC with at least
two (2) point of ingress and egress
e. All other applicable designs standards
The Knoll at Baxter West Major Subdivision—Hold Harmless and Indemnification Agreement 3
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
SUBDIVIDER
BY: Walt Wolf,
R4-T, BMW, LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On this �da of 2014 before me a Notary Public of the State of
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Montana, personally appeared Walt Wolf` known to me to be the person that executed the
foregoing Improvements Agreement, and acknowledged to me that they executed the same for
and on behalf of said Subdivider. * Managing Member of BMW` LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
. ...
,Vl (Printed Name Here)
t,b/C orr Rn,s ic)F- Exp!I�cs: Notary Public for the State of Montana
,��3rdp�)�h ��7��� M Commission_. .... Residing at 2�t nr ,.
My i ssion Expires: 1 C\o Y)
(Use 4 digits for expiration y ar)
The Knoll at Baxter West Major Subdivision—Hold Harmless and Indemnification Agreement 4
THE CITY OF BOZEMAN
BY. WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA
:ss
County of Gallatin
On the day of 2014, before me, a Notary Public for the
State of Montana, personally appeared Wendy Th mas, known to me to be the person described
in and who executed the foregoing instrument as Community Development Director of the City
of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that
she executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SBAE)"
F-A-L
(Printed Name Here)
Aprcl 04, 201 7
Notary Public for the State of Montana
Residing at
My Commission Expires:
(Use 4 digits for expiration ear)
The Knoll at Baxter West Major Subdivision—Hold Harmless and Indemnification Agreement 5