HomeMy WebLinkAbout42- Gallatin Lodge No. 6 A.F and A.M. Agreement
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1 THIS AGREEMENT Made and entered into this loth day of
2 April, 1942 by and between Gallatin Lodge No. 6. A. F. and
3 A. M. of Bozeman, Montana, hereinafter called The Lodge,
4 acting by and through its t~Ustees thereunto duly authorized,
5 and The City of Bozeman, a municipal corporation of the State
.- 6- of Montafla,b~re:1naf..l" "'oel,ledl!'he Oi ty, . acting by and through
'1 its Cemetery Board of Trustees, hereinafter c-$.11e:O. the Cemetery
8 Board, acting with the authority and approval of the Commission
9 of The Oity, witnesseth:
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10 That The Lodge is the owner of Blocks Nos. 139, 140, 145,
11 146 and the East Halt of Block 141, all lecated in what is
12 ' known and called the "new part II of Sunset Hills Cemet.eryin
13 Bozeman, Montana, owned by The City and operated, regulated
14 and controlled by The City acting by and through its regularly
15 and duly appointed, qualified and acting Cemetery Board.
16 That The Lodge desires to have its said property improved,
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which improvement is to consist of grading, seeding to lawn,
18 and planting of shrubs and trees and the construction of
19 necessary roads and pathways. The improvements as specified
20 and the roads and paths construction shall be in keeping with
21 the general care and improvement plan of the Cemetery and
22 which shall at all times be under the control and direction
23 of the Cemetery Board. Maintenance shall consist generally
24 of watering and mowing of grass and such general care as 1s
25 usually given to other lots and bloaks in the Cemetery where
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permanent care 1s a~ranged for by owners and paid for in
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accordanoe with the schedule of price for permanent Care as
28 I such prices are from time to time fixed, determined and charged
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by the Cemetery Board.
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Block No. 139 shall be improved as soon as is pr8_ctical
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but in any event not later than the Spring season of 1942.
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1 No impro~ement of Block No. 140 shall be made until at le~st
2 one half of all the lots in Block 139 have been sold, when
3 Block No. 140 shall be improved, and when one half the lots
4 in Block No. 140 have been sold Block No. 146 shall be improved
5 and so on in the S8.me way until all of the property of The
,- ..-- 6 Lodge ,,8 here.1nao.o:v.e dascrlbed shall have been improved..
7 The cost of improvement as above defined shall be borne
8 by the Oemetery Bo~d, but the cost of maintenance shall be
9 paid to the Cemetery Board by The Lodge each year in advance
10 at the rate of $75.00 per year per block, it being understood
11 that only one block shall be under improvement in anyone year.
12 This sum of $75.00 per block under improvement per year shall
13 be reduced in proportion to the lots sold from time to time.
14 u.ntil one half of all lots in the block under improvement have
15 been sold, after which there will be no further charge for
16 maintenance for that block.
17 All lots in the blocks specified shall be Bold for $15.00
18 per lot in addition to the regular permanent Celre charge. The
19 sale price of each lot shall be collected by the Cemetery Board
20 and paid over to The Lodge as collected. All lots shall be
21 sold only with permanent care provided. The charge for such
22 permanent care shall be in accordance with the schedule in
23 force and on file in the office of Clerk of the Cemetery Board
24 at the time lots sale is made, which schedule may be c1hanged
25 from time to time as the needs of the cemetery require in the
26 sole and exclusive judgment of the Cemetery Board; provid.ed,.
27 that the charge for permanent care shall be uniform throughout
28 the cemetery. The Cemetery Board shall have exclusive charge
29 of the sale of lots in the blocks hereinabove described, but
30 no lot or lots shall be sold therefrom to any person who has
31 not first been approved by The Lodge in writing through its
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1 Lodge Secretary or, in the absence of the SectetEtry, by some
2 other person designated by The Lodge to grant such approval,
3 and the name of such person so designated as well as the name
4 of the Secretary shall be furnished to the Board and kept on
5 file in the office of its Clerk. The Cemetery Board shall
~'--,:"""."--'_.. 6 keep ac_omp~e.te~and.aCCJlrate record of all lots sold from the
7 blocks designated and shall be responsible for the collection
8 of the sale price.
9 East Half of Block 144 of the "new part" of Sunset
10 hills Cemetery shall be set aside for Masonic burials only,
11 but the proceeds of such sales shall be placed to the credit
12 of The City's Cemetery Fund and no lot from the Bast half of
13 Block 144 shall be sold without permanent Care provided therefDr
14 in accordance with the schedule on file in the office of the
15 Clerk of the Cemetery Board at the time of such sale, as
16 aforesaid.
17 It is agreed and understood by The Lodge the.t no purchaser
18 of any lot covered by this agreement shall do any planting
19 of any kind on such lot or lots without the permission and ap-
20 proval in writing of the Cemetery Board first had and obtained,
21 which written permission and approval shall be presented to
22 the super1ntendent of the cemetery before any planting is dose
23 under such permit and it shall be done under the supervision,
24 control and direction of the superintendent and subject to
25 the general rules of The Board adopted and in force and effect
26 from time to time for the landscaping and general improvement
27 and beautification of the cemetery; nor shall any tombstone or
28 I mark.er. which., r1lses above the surface of the of the ground be
29 placed on any such lot or lots so as to interfere with or
30 obstruct the free mowing of the grass or lawn of such lot or
:H I with other work necessary in the opinion of The Board for the
32 general improvement and beutification of the cemetery' as a whole;;
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1 that as to such planting and placing of tombstones and/or markers
2 the ruling- 1>;C The Board shall be exclusive, final and conclusive.
3 All descriptions herein as to blocks are intended to be and
1 are in accord~nce with the official plat of Sunset hills Cemetery
,') of The City of Bozeman on file in the office of the Clerk of the
_..._.'_" 6 Cemetery-Soard _of,,~_e City.
7 The terms and provisions of this agreement shall extend to
8 and be binding upon the successors and assigns of the parties hereto.
9 In witness whereof The Lodge has caused these presents to be
10 signed and executed by its Board of Trustees thereunto duly author-
11 ized, attested by its Secretary and its Lodge seal to be here-
12 unto affixed; and The City has caused these presents to be signed
13 and executed by the Chairman of lts Cemetery Board thereunto dul;1
14 authorized, and attested by the Clerk of said Board; and the 6ity
15 has caused these presents to be signed by its Mayor and attested
16 by the Clerk of its Oity Commission, both thereunto duly
17 authorized; all as of the loth day 01' April, 1.~42.
18 Signed in duplicate
19 GALLATIN LODGE NO.6. A. F. & A. M.
20 By 4. ~ t//Z/Yn/A//H4J
~: -~JeZ:
23 A~ Trustees
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'75 Secretary Gal atin Lodge No.6.
~. A. F. & A. M.
26 BOZEMAN CEMETERY BOARD OF TRUSTEES
27 By ~i ~ /]. c?~
. President.
28 ATTEST:
~A7d/
29 Clerk 0 erne ery Board of Trustees
30 THE CITY OF BOZ~~N
31 BY~
.ayor
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I '0 RESERVED FOR
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I N E 'N lIASOLIC T R ACT I
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PORTION oFSUNSET HILLS CEMETERY- ~
SCALF J"- 60'
SHOWTIJG LOCATION OF MASONIC AND BUILDING TRACTS TRADED AFRIL 10. 1942
6 '..i 4 3 2
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BUILDING
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TRACT
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