HomeMy WebLinkAbout06- Concurrent Installation of Infrastructure J-449
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11/15/2006 04 10P
Shelley Vance-Gallatin Co MT MISC 22 00
CONCURRENT INSTALLATION OF INFRASTRUCTURE
HOLD HARMLESS AGREEMENT
This agreement is made and entered in to this ` day of(k,,‘„ 2006, by and
between Mitchell Development Group, LLC, fka Mitchell DeveloplrleM & Investments, LLC, a
Montana limited liability company,hereinafter referred to as "Developer"and the City of Bozeman,
a Municipal Corporation of the State of Montana,hereinafter called the "City"
1. The Subdivider agrees to release,indemnify and hold harmless the City, its officers,
directors, agents and employees from and against any suit, cause of action, claim, cost, expense,
obligation,and liability of any character,including attorney's fees,which are brought or asserted for
any injury, death, or physical damage to property received or sustained by any person, persons,
property, business or any other entity, arising out of or resulting from, or, in connection with the
issuance of building permits pursuant to the approved planned unit development for Bozeman
Gateway Subdivision P.U.D., and City Ordinances 1533.
2. Developer agrees to defend the City, its officers, directors, agents and employees,
should City, its officers directors, agents or employees be named as a defendant in any actions
concerning the issuance of building permits described herein. The obligations of the Developer to
release,defend, indemnify and hold harmless the City,will apply to any suit,cause of action,claim,
cost or obligation including,without limitation,those alleged under the common law or pursuant to
a federal or state statute or regulation such as those arising in tort, trespass, nuisance and strict
liability.
3. In the event the City is found proportionately responsible,the Developer will be held
responsible for only those damages, costs or liabilities as are attributable to the Developer's
percentage of fault as compared with 100% of the fault, giving rise to the damages. The indemnity
required herein shall not be limited by reason of the specification of any particular insurance
coverage of this agreement.
4. Should either the City or the Developer be held responsible for any damages, costs
or liabilities resulting from an intentional act by an officer,director,agent or employee in connection
with the work specified in this agreement,then in that event,that party shall release, indemnify and
hold harmless the other as to any damages, costs or liabilities that result from or arise out of that
intentional act including reasonable attorney's fees and costs which shall include costs and salary of
the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in
paragraph 3 above,the Developer agrees to defend the City against all allegations of intentional acts.
However,should the City be found responsible due to an intentional act by its officer,director,agent
or employee,then in that event the City agrees to reimburse Developer for reasonable attorney's fees
and costs incurred in that defense.
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1 r 11/15/2005
04 10P
Shelley Vance-Gallatin Co MT MISC 22.00
LANDOWNER
Mitchell Development Group,LLC, fka Mitchell
Development& Investments, LLC, a Montana
limited liability company
By
•-o•or�Mitchell, Managing Member
STATE OF MONTANA )
:ss
County of Cascade)
On this oda day of (A,,,i-\ -A- ,2006,before me,the undersigned,
a Notary Public for the State of Montah� , personally appeared Theodore J. Mitchell,
known to me to be the Managing Member of Mitchell Development Group, LLC, fka
Mitchell Development&Investments, LLC, a Montana limited liability company,the
company that executed the within instrument, and acknowledged to me that he executed
the same for and on behalf of said company.
IN WITNESS' WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
(seal) �(
• Print d Name (Xn\i�3� �•;\&y,
. .• Notary ublic for State of Montana
` Residing at: Fairfield,Mo tana
- Commission Expires: 15-fin 11
• (Use 4 digits for expiration year)
2
UPDATED EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
Date:
Project:The Bozeman Gateway Subdivision P.U.D.,Phase 3
Developer: Ted Mitchell for Mitchell Development Group, LLC,
fka Mitchell Development&Investments, LLC
Improvement So.Ft /Ln. Ft Estimated Cost Undated Cost
Per Morrison-Maierle
City Streets,pavement,curb and gutter Estimates $256,925.55 $26,525.00
Per Morrison-Maierle
Sanitary Sewer Infrastructure Estimates $64,661.00 $0.00
Per Morrison-.Maierle
Water Infrastructure Estimates $93,626.00 $0.00
Technology Boulevard and Harmon Stream Per Morrison-Maierle Included under
Boulevard Crosswalks Estimates City Streets
Boulevard Sidewalks at South 29th Technology Per Morrison-Maierle Included under
BIvd.,And West Garfield Street Estimates City Streets
Per Morrison-Maierle
Street Lighting Estimates $153,544.00
$113,544.00
Per Morrison-Maierle
Landscape and Irrigation Estimates $3,399.52 $3,399.52
Per Morrison-Maierle
Miscellaneous Estimates $67,000.00 $0.00
Total= $639,156.07 $143,468.52
x 1.5= $958,734.11 $215,202.78
The Bozeman Gateway Subdivision P.U.D.,Phase 3 Improvements Agreement