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HomeMy WebLinkAbout19- Letter Agreement - The Trust for Public Land - Story Mill Community Park Stewardship Grant THE June 13, 2019 TRUST PUBLIC FOR , LAN WASHINGTON qot 5th.Ave. Mitchell J. Overton Suite 1520 Director, Parks and Recreation Department Seattle,WA City of Bozeman 98164 PO Box 1230 2o6.587.2447 Bozeman, Montana 59771-1230 tpl.org RE: Story Mill Community Park Stewardship Grant from The Trust for Public Land Dear Mr. Overton: The Trust for Public Land("TPL") and the City of Bozeman (the"City") are parties to that Memorandum of Understanding between the City of Bozeman and The Trust for Public Land for the Story Mill Community Park last signed by the parties on January 9,2015 (the "MOU"). Under the MOU,TPL committed to contributing$3,700,000.00 in cash and in-kind contributions toward the design, construction and maintenance of a community public park at Story Mill (the "Park"). Part of TPL's anticipated contribution toward the maintenance of the Park was the creation of a Park stewardship fund in the amount of$200,000.00 (Two Hundred Thousand Dollars) as shown in the Preliminary Park Budget attached to the MOU, such fiends to be granted by TPL to the City upon completion of the Park. The Park is now nearing completion. Upon execution of this letter agreement between TPL and the City,TPL will pay to the City the sum of$200,000.00 in satisfaction of TPL's commitment with respect to the Park stewardship fund contemplated by the MOU. In accepting the Park stewardship grant from TPL, the City agrees as follows; 1. The City will use the Park stewardship fund only to pay for routine or special maintenance of the Park. The types of stewardship expenses that are intended to be paid from the Park stewardship fund include, but are not limited to, irrigation system management,mowing and lawn maintenance,weed management,mulching and fertilization, litter removal and garbage pick-up, debris removal, pruning and tree maintenance,maintenance of structures,concrete, asphalt and gravel pathways, snow removal,playground maintenance and repairs. Upon project completion of the Park in July 2019,TPL shall provide the City with as-built drawings,project specifications,maintenance manuals containing warranty certifications,and training. The Park stewardship fund may be used to support warranty extensions as the City feels necessary or appropriate for long-term Park maintenance purposes. 1 Mitchell J. Overton Bozeman Parks and Recreation June 13, 2019 Page Two 2. The City will periodically provide TPL with information about expenses or costs paid from the Park stewardship grant, but need not obtain TPL's approval or consent prior to making such payments or incurring such costs. 3. TPL understands and acknowledges that, in completing the Park stewardship work funded by the Park stewardship grant,the City may either utilize City employees to perform the work or may engage third party contractors and/or volunteers acting under the City's supervision to perform such stewardship work. 4. The City remains solely responsible for the maintenance and operation of the Park and for the administration and use of the Park stewardship fund. TPL shall have no obligation to monitor the City's maintenance of the Park nor its use of the Park stewardship fund. No legal partnership or agency between TPL and the City is established by the creation of the Park stewardship fund. Neither TPL nor the City is authorized or empowered to act as an agent or employee, or representative of the other, nor transact business or incur obligations in the name of the other party or for the account of the other party, nor use the other's name or logo in any way without the other party's prior written permission. Neither party shall be bound by the acts, representations or conduct of the other. 5. The City will be responsible for compliance with any and all applicable administrative filings or other actions arising under any laws or regulations in connection with the City's receipt of the Park stewardship grant from TPL or its subsequent use of the grant. The City will be solely responsible for the payment to any and all third parties or contractors performing any stewardship work management funded by the Park stewardship grant. 6. This letter agreement shall be interpreted and governed by the laws of the State of Montana. The parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County, Montana. 7. This letter agreement is for the exclusive benefit of the City and TPL, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party 8. This letter agreement shall be binding on the parties and their respective successors and assigns, and supersedes all prior or contemporaneous communications and negotiations, both oral and written. This letter agreement represents the entire agreement between the parties with respect to the payment of the Park stewardship grant by TPL to the City and the City's 2 Mitchell J. Overton Bozeman Parks and Recreation June 13, 2019 Page Three subsequent administration of the Park stewardship fund, and can only be amended by a written instrument signed by both parties. 9. This letter agreement may be executed in counterparts. THE TRUST FOR PUBLIC LAND By: AVY'�, Title: LEML n(kI�2 Date: <.J V 46 13 , The terms and conditions of this letter agreement are hereby accepted and agreed to by the undersigned. For TPL's convenience in disbursing the Park stewardship grant to the City, the City's wire transfer instructions are attached. THE CITY OF BOZEMAN BY: I Title: (,thA AA-'m mw y, Date: duya .tom 3