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HomeMy WebLinkAbout93- USDA Forest Service Collection Agreement . r . . . , . COLLECTION AGREEMENT between City of Bozeman and USDA Forest Service Gallatin National Forest THIS COLLECTION AGREEMENT made and entered into by and between the City of Bozeman, MT, hereinafter referred to as the City, and the USDA Forest Service, Gallatin National Forest, hereinafter referred to as the Forest Service, under provisions of the Act of April 24, 1950 (16 U.S.C. 572): WITNESSETH: WHEREAS, the proposed purchase by the Forest Service of City lands within the Gallatin National Forest appears desirable to consolidate and to improve effective land management; and WHEREAS, the City desires to share in the expense of evaluating the proposed purchase of the land as provided in the statute that authorizes such purchase: The Department of Agriculture Organic Act of August 3. 1956 (7 use 428a). WHEREAS, it is mutually advantageous to the parties herein that the expenses necessary for the evaluation of the proposed purchase of the land be shared. NOW THEREFORE. in consideration of the above premises. the parties agree as follows: A. The City Shall: Make payment in an amount established by the Forest Service estimated to be $1,500, to be used to cover 50% of the total expenses for completing the appraisal of the identified City lands (S 1/2 Section 31, T3S, R7E, and E 1/2 Section 13. T4S, R6E) within the Gallatin National Forest. Appraisal will be performed to federal government standards and made available to the City for review. An amount determined by the Forest Service to cover general administrative costs associated with this project is included in these costs. B. The Forest Service Shall: 1. Bill the City in one lump sum for the estimated cost of the project. 2. Deposit all funds received from the City into the Forest Service Cooperative Work Fund. 3. Upon receipt of payment from the City, complete the appraisal work as agreed between the City and the Forest Service. .. ~ .. . .. . . . . . c. It is Mutually Agreed That: 1. All funds deposited to the Cooperative Work Fund will be used for the project and only as necessary for completion of the project. Any unobligated funds left in this account upon completion of the project will be refunded to the City. 2. Nothing herein shall be construed as obligating the Forest Service to expend, or as involving the United States in any contract or other obligation for the future payment of money in excess of appropriation authorized by law. 3. No member of, or Delegate to, Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 4. This Agreement shall be effective upon execution by both parties hereto. 5. Either party may terminate the Agreement by 60 days written notice. Unless terminated by written notice, this Agreement will remain in effect until the needed appraisal work is completed. 6. The United States shall not be liable for any damage incident to the periormance of work under this Agreement to the Applicants which are parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the last date written below. ~~.w~ y:-- ) 9~- 9~ JA ES WYSOCKI, City ManaQ;r Date C't of Bozeman (Applicant) 4-23-q~ DA ID P. GARBER, Forest Supervisor Date Gallatin National Forest, Forest Service