HomeMy WebLinkAbout07-10-17 City Commission Packet Materials - C7. Amendment 1 to License Agreement with TPL for Story Mill
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carolyn Poissant – TOP Design and Development Manager
Mitch Overton – Director of Parks and Recreation
SUBJECT: Amendment No. 1 To License Agreement For Use Of City Property By The Trust For Public Land
MEETING DATE: July 10, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Amendment No. 1 to the License Agreement for Use of City Property by The Trust for Public Land and authorize the Interim City Manager to execute the Agreement.
BACKGROUND: Resolution No. 4517 approved the allocation of Trails, Open Space and
Parks (TOP) bond funding in an amount not to exceed $4,500,000 for the acquisition of park
land and the development of the Story Mill Community Park (the “Park”). A Memorandum of Understanding with The Trust for Public Land (“TPL”) describing financial and in-kind contributions and both parties’ obligations and responsibilities in developing the Park property, a license agreement for access and activities on the property during development, and a purchase
and sale agreement for the property were approved in December 2014.
TPL will be jointly managing construction activity for the Park with the city over the next 18 months. In addition, some of the Park’s improvements will be constructed on the proposed Story Mill Community Community Center property. As such, the License Agreement needs to be amended to both extend the term of the Agreement and include the additional property, which
will become city property upon approval by Commission and completion of the closing.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As Directed by Commission.
FISCAL EFFECTS: Approval of Amenment No. 1 retains the previous terms if the License Agreement agreed to by TPL and the City and allows TPL to provide construction management
services for the Park as per the previously approved Memorandum of Understanding.
ATTACHMENTS: Amendment No. 1 to License Agreement for Use of City Property by The Trust for Public Land
Report compiled on: June 29, 2017
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AFTER RECORDING RETURN TO:
Robin Crough, City Clerk City of Bozeman 121 N. Rouse P.O. Box 1230
Bozeman MT 59771
AMENDMENT NO. 1 TO LICENSE AGREEMENT FOR USE OF CITY PROPERTY BY THE TRUST FOR PUBLIC LAND This Amendment No. 1 to the LICENSE AGREEMENT FOR USE OF CITY PROPERTY BY THE TRUST FOR PUBLIC LAND dated December 24, 2014 (“License Agreement”) is made and entered into this _______ day of ______________, 2017, 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 (“City”) and THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation with mailing address of 1007 East Main Street, Suite 300, Bozeman, Montana 59715
(“TPL” and together with the City the “Parties”).
WHEREAS the License Agreement authorizes TPL to have access to certain property (the “Park Property”) owned by the City for the purposes of completing certain improvements to the Park Property (as described in that MOU referred to in the License Agreement); and
WHEREAS the License Agreement expires on December 31, 2017, but may be extended for such additional period of time as is mutually agreed to by the parties in writing; and WHEREAS the parties anticipate that work will continue on the Park Property through
December 31, 2018; and
WHEREAS TPL has or will convey to the City some additional property adjacent to the Park Property (the “Community Center Property”) that will be incorporated into the Story Mill Community Park.,
In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the License Agreement as follows:
1. Extension of Term. The term of the License Agreement is extended to December 31,
2018.
2. Licensed Area. The Community Center Property will be included in the License Agreement at such time as the Community Center Property is conveyed by TPL to the City. Accordingly, Exhibit A of the License Agreement containing the description of the
Property covered by the License Agreement is hereby replaced and superseded by Exhibit
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A attached to this writing, which Exhibit includes both the Park Property and Community
Center Property.
3. License Agreement Still Valid. Except as modified herein, the License Agreement shall remain unchanged and in full force and effect. This Amendment may be executed in counterparts.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
CITY OF BOZEMAN, MONTANA THE TRUST FOR PUBLIC LAND
By________________________________ By_____________________________
Dennis Taylor, City Manager Thomas E. Tyner, Division Legal Director
APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
(Description of Property)
Parcels 1, 2, 3, 4, 5, 6, 7, 8 and 9, of Certificate of Survey No. 2865, located within Sections 31 and 32, Township 1 South, Range 6 East, and Sections 5 and 6, Township 2
South, Range 6 East, P.M.M., according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Tract 1B of Certificate of Survey No. 2207B, located in the SE¼ of Section 31, Township 1 South, Range 6 East, and the NE¼ of Section 6, Township 2 South, Range
6 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana.
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