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HomeMy WebLinkAbout16- 1st Addendum to Bozeman Sports Parks Foundation Agreement for the Sports ParkADDENDUM NO. 1 TO AGREEMENT BETWEEN CITY OF BOZEMAN AND BOZEMAN SPORTS PARKS FOUNDATION, INC. FOR THE BOZEMAN SPORTS PARK THIS ADDENDUM TO THE AGREEMENT BETWEEN CI'T'Y OF BOZEMAN AND THE BOZEMAN SPORTS PARKS FOUNDATION, INC. FOR THE BOZEMAN SPORTS PARK ("Agreement") is made and entered into this 11""' day of , 2016, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and the Bozeman Sports Parks Foundation, a Montana nonprofit corporation, with a mailing address of PO Box 1126, Bozeman, MT 59771, hereinafter referred to as "Foundation" and together with the City, the "Parties." WHEREAS, the City and the Foundation entered into the Agreement effective February 23, 2015, whereby the Foundation agreed to make the Foundation Contribution of $976,100 available for disbursement to the City no later than June 30, 2016; and WHEREAS, the Foundation has made significant progress toward meeting its obligation to make the Foundation Contribution but requires more time to fully meet this obligation; and WHEREAS the City desires to grant the Foundation more time to make the Foundation Contribution; NOW, THEREFORE in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Extension of Time for Performance. Section 6(c) of the Agreement is replaced in its entirety with the following: The Parties expect that at least 50% of the Foundation Contribution will be available for disbursement to the City no later than December 31, 2016, with the remainder of the Foundation Contribution available no later than June 30, 2017. Addendum No.I to Agreement with Bozeman Sports Park Foundation July 1, 2016 — June 30, 2017 Page 1 of 2 The City may proceed with awarding the construction contract prior to that date based on the amount of funds available at the time of award. If the Foundation has not raised and made available the full Foundation Contribution by or before June 30, 2017, the City Commission may grant an extension by amendment to this Agreement, or may terminate the Agreement upon thirty (30) days notice to the Foundation. The Foundation will use reasonable, good faith efforts to raise private funds in an amount sufficient to at least equal the Foundation Contribution, and will provide regular updates on the progress of the fundraising efforts to the City. 2. Representatives. For the purposes of implementing the Agreement as amended by this Addendum 1, the Foundation's representative shall be the Chair of the Board of Directors. The City's representative shall be the Director of Parks and Recreation or his/her designee. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHERE,®F, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA BOZEMAN SPORTS PARK FOUNDATION '. a," By: v�A B3 Chris Kukulski, City Manager Print Name: �} �� o ►�, � l c. (� Title:-r�YL APPR `YED FORM By Greg u liva n City Attorney Addendum No.l to Agreement with Bozeman Sports Park Foundation July 1, 2016 — June 30, 2017 Page 2 of 2