HomeMy WebLinkAbout90- Sculpture Park Agreement
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, THE CITY OF BOZEMAN
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411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321
BOZEMAN. MONTANA 59715-0640
Michael D. Cok
Cok & Wheat
POBox 1105
Bozeman, MT 59715
Re: Sculpture Park - Agreement
Dear Mike:
As the legal representative of Country Classic Dairies, Inc.
d/b/a/ Darigold, hereinafter referred to as Country Classic, the
City of Bozeman has requested that I contact you concerning the
Sculpture Park matter. From the discussions had with the City
COlmnission and with Country Classic, it is apparent that the
parties agree that the Sculpture Park concept would be of benefit
to the City of Bozeman and, therefore, are willing to enter into
the following agreement:
1. That upon petition of Country Classic, the City Commission
would consider vacating a portion of what is commonly
re ferTed to as "service drive" which is a thirty (30) foot
public street which runs adjacent and parallel to North
Seventh Avenue. As I understand the vacation, it would
extend generally from the south right-of-way of Hemlock
extended to the north right-of-way of Juniper Street on the
south. The City of Bozeman will pay any fees necessitated
by the street vacation application.
2. Upon vacation of said street, Country Classic will deed to
the City of BOzeman portions of Lots 5, 6 , and 7 of Block 3
of Durston's Second Subdivision immediately adjacent to the
unvacated portion of "service drive." The portions of Lots
5, 6 and 7 of Block 3 of Durston's Second Subdivision to be
deeded to the City by warranty deed shall approximate the
description portrayed on Exhibit A which is attached hereto
and by this reference incorporated into this agreement as
though fully set forth herein. The parties agree to share
equally the costs of the survey necessitated by this
agreement to transfer said portion of Lots 5 6, and 7 of
,
Block 3 of Durston's Second Subdivision to the City of
Bozeman as well as the costs of the survey necessitated by
paragraph 4 herein.
3 . Country Classic agrees to install, at its own cost, an
underground watering system capable of watering grass, plants
and other vegetation in said Sculpture Park; and would agree
to water and mow the grass as necessary to maintain its
aesthetic nature.
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
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Page 2
Sculpture Park Agreement
4. That portion of "service drive" to be vacated will not
become a separate parcel; a new survey shall be done
combining the vacated portions of "service drive" with Lots
1, 2, 3 and 4 of Block 3 of Durston's Second Subdivision on
file and of record in the office of the Gallatin County
Clerk and Recorder.
If the foregoing adequately addresses the terms of the agreement,
please execute the acceptance line on this letter and return it
to the City of Bozeman.
Furthermore, it is the City of Bozeman's understanding upon
execution of this agreement by Country Classic that the City
will be allowed to initiate the development of the Sculpture Park
prior to the land being transferred to the City of Bozeman.
Dated this ____ day of , 1990.
Robert L. Hawks, Mayor
ATTES'l' :
Robin L. Sullivan
Clerk of Con~ission
ACCEPTED this ~Of rU6"'7 ,1990:
~~?
C untr lass e ones, Inc.
d/b/a/ Darigold
By its C-::;.....,u ~".Q ~ -.... 0/"--
. , ,
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.. ~ ';;'ff'-'l" ,. '. ~iflqf,
COK & WHEAT
ATTORNEYS AT LAW TELEPHONE
MICHAEL D. COK 406-587-4446
MICHAEL E. WHEAT 108 WEST BABCOCK
FACSIMILE
JOHN C_ BROWN . P,O_ BOX 1106
BOZEMAN, MONTANA 59771-1105 406-587-:::-4'36
October 18, 1990
Bruce Becker
P. O. Box 640
Bozeman, MT 59715
Dear Bruce:
SUBJECT: Country Classic - Sculpture Park
Enclosed you will find the original amended agreement in the above
matter, which has been signed by Keith Nye. Please obtain the other
signatures and return an executed copy to me.
Cok
klc
Enclosure
cc: Keith Nye