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Home My WebLink About72- Bozeman Softball Assoc. Agreement . . Fid 1 S :"r 333 , . - .. ,,, I" '" . . . ~ A G R E E MEN T /cf'd 4- THIS AGREEMENT, Made and entered into this . day of ... , 1972, by and between THE CITY OF BOZEMAN, MONTANA, a municipal corporation, by and through its City Commission, hereinafter called the party of the first part, and THE BOZEMAN SOFTBALL ASSOCIATION, a Montana corporation, of Bozeman, Montana, hereinafter called the party of the second part, WIT N E SSE T H: WHEREAS, the party of the second part has proposed and submitted plans to the City Commission of the City of Bozeman for a recreation complex to be located on city property just south of Haggerty Lane, and more particularly described as follows: A portion of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter (SE 1/4 NW 1/4 SW 1/4), a portion of the East Half of the Southwest Quarter of the Southwest Quarter (E 1/2 SW 1/4 SW 1/4), a por- tion of the West Half of the Southeast Quarter of the Southwest Quarter (W 1/2 SE 1/4 sw 1/4), and a portion of the Southwest Quarter of the Northeast Quarter of the Southwest Quarter (SW 1/4 NE 1/4 sw 1/4) of Section 8, Township 2 South, Range 6 East, M.P.M., being a portion of Block 6, all of Block 5 of the Northern Pacific Addition, and all of Blocks 1, 6, 7 and 12 of the Drum Lummon Addition, and a portion of an unplatted tract lying in the West Half of the Southeast Quarter of the Southwest Quarter (W 1/2 SE 1/4 SW 1/4) of Section 8, Township 2 South, Range 6 East, M.P.M., and a portion of Blocks 14 and 15, all of Blocks 16 and 17 of the Granite Addition to Bozeman, Montana. and, WHEREAS, the party of the second part has requested permission from the party of the first part to construct said recreation complex; and, WHEREAS, the party of the first part has approved the concept of the proposed recreation complex and has authorized use of city land for this purpose, as hereinbefore described; and, WHEREAS, the party of the second part made application to the Bureau of Outdoor Recreation for funds for said recreation complex, which said application has been approved by said Bureau of Outdoor Recreation and said grant has been received; --- ~ .. f I....~ 15 FlGE :334 . . . . . WHEREAS, the parties hereto have each pledged their full support and cooperation to the completion of said recreation complex. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: l. That A. Glen White, City Recreation Director, is designated as the city coordinator for this project; ., That Gary Richards is designated as coordinator for the Bozeman <-. Softball Association; 3. That all matters pertaining to the construction of said recreation complex will be channeled through the two above named coordinators; 4. That said coordinators will obtain the approval of the City Commission of the City of Bozeman of all plans and construction schedules prior to the commencement of each phase of the construction of said recrea- tion complex; 5. That all funds required to match the funds received from the Bureau of Outdoor Recreation will be furnished by the party of the second part; 6. That prior to the beginning of each phase of the construction of said recreation project the necessary funds to complete said phase will be deposited with the City of Bozeman finance department; 7. That both parties hereto will comply with the signed agreement between the City of Bozeman and the Bureau of Outdoor Recreation, a copy of which agreement is attached hereto and made a part hereof; 8. That upon completion of said recreation complex, said recreation complex will be open to the public and operated and maintained as a portion of the city park and recreation system at the expense of the City of Bozeman; 9. That the City of Bozeman will give priority to the Bozeman Softball Association to hold League Plays and special events including tourna- ments provided such events are scheduled sufficiently in advance; 10. That the City of Bozeman will allow the Bozeman Softball Association to operate a concession stand during their scheduled League Play and special events. - 2 - .. ~ . ~ .. FIl.,~ 1.,5 f'M:F .J35. THIS AGREEMENT shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused their names to be subscribed and their corporate seals to be affixed by the proper officers thereto duly authorized on the day and year first above written. BOZEMAN, MONTANA, corporation, By ATTEST : ~'. ,: /'" , .>--. " '! ~ . I . THE BOZEMAN SOFTBALL ASSOCIATION, a Montana co, rporation /~" / / By-~C~ President ~TTEST: ~ ' ...;::> ~~~ '--. Se'cretary - ,~ "."~'~")> ~:;. IN~,.E,~Xl?~:=(-":" ',' .' ~ ;. 'TlTD ,1 _.~.".".-:J;" State of Mont., County of Gallatin. ss Flied for record August 2 , "1972 at 12 :10 .f M., and recorded in Book _1LoL____~~cel1aneous __.~p~t!e J3J- ~a,r1 L. Stuckx-,___._____,___ur',''''F''"'~., -"', ('22t~,>;7? l(J/zJi"jVC:~ 'J7E',P/ffJ RT" City of Bozeman Fee: None - 3 - ... .. . , . . .. i COMMIS8IONRJ!:SOLtJTIONNO ..158 1 A RESOLUTION 01' TlIECOMMISSION OF THBCI'1'YOFBOZEMAN, MONTANA,AUTHORIZING THE MAYOR AND CLgRlt OF THE CITY CQMMISSION TO EXECUTE AN AGREEMENT WI'1'HTHEBOZEMAN SOFTBALL ASSOCIATION, A140J'1'ANA CORPORATION, ON BEHALF 01' THE CITY or BOIEr~, MONTANA. , T ----- wauAS, t:he ci ty of Bozeman, Mont.ana, by and t.hrough the City Commission, upon the recommendat.ion and approval of the Cit.y Manager, has heretofore e:nt.ere4into negot.iations with the So zeman Softball Association, .. Montana corperation, wherein the Bozeman Softball Association desires t.o oonstruct. a recreation complex to be located on oity property just south of Haqqerty Lane, in Bozeman, Montana, and more partioularly described as follow.: A portion of the Southeast Quarter of the Northwest Quarter.of the Sou thwes t Quarter (SE~NW~SwJa), a portion of the East Half of the Southwest Quarter of the Southw..tQuarter (B~SW~SW~), a portion of the West Half of the Southeast Quarter of the Southwest Quartet (W~SE~SW~), and a portion of the Southwest Quarter of the Northeast Quarter of ,ti\eaou't8w.,t. Quarter (SWJ,NS,",SW'c)ofSeattoQ8,' Township 2 South, Range 6 East, M.P.M., being a portion of B~OQk 6, all of Block 5 of the Northern Pacific Addition, and all of Blocks 1, 6~ 7 and 12 of the Drum Lummon Addition, and a portion of an unplatted traot lying in the West Half of the Southeast Quarter of the Southwest Quarter (W~SE~SW~) of Section 8, 'l'ownship2 South, Range 6 East, M.P.M., and a portion of Bloaks 14 and 15, all of Blooks 16 and 17 of the Granite Addition to Bozeman, Montana. and, WHEREAS, it appears to the City Commission that it is to 'the best interest of the city of Bozeman to complete said negotiations by the execution of an Aqre.ment with the Bozeman Softball Association. NOW, THEUJ1ORE, BE IT RESOLVED BY TUE COMMISSION OF THE CITY OPBOIBMAH" AaIfOLLONS I 1. That the concept of the proposed reoreation oomplex and . the use of city land as hereinbefore described be, and hereby is approved; .... .,. . . . . . , w . , . . . 2. Tha~ ~he Mayor of the Ci'ty of Bozeman, William E. Grl<bow, and the Clerk of the City Commission, Erna V. Harding, be, and they hereby are authorized for and on behalf of the city of Bozeman, to make and execute an AqreCDent wherein ~he Bozeman Sof~all A..ocia~ion . agrees to construct a recreation complex with funds furnished equally by the Bureau of Out-door Recreation and the said Bozeman SOftball .As9ooiatlon on lands furnished by the oi ty of Bozeman, Montana, said recreation complex to be open to the public upon its completion and operated and maintained as a portion of the eity park and recreation system at the expense of the City of Bozeman, Montana. PASSED AND ADOPTED by the City commission at its regular meeting held on the 19th day of ' .,..1, , OW ~- ATTEST: Mayor V ,I /?~ Y C'- 0/~rt/"" p.;;e::; 7' Efu1A V. HARDING Clerk orthe City Commission -2-