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HomeMy WebLinkAbout59- Alpha Delta Alumni Assoc. Agreement - ., . . ') l \- . I ~ G R E E MEN T - -- - .- ~~- -- -~ ~ ~- THIS I\GKEEMENT, Made and entered into this _7T..~_ day of october, 1959, by and between ALPHJ\ DELTi\ALUMNI l\SSOCIi\TION, a corporation, of Bozeman, Montana, the party of the first part, and THE CITY OF BOZEMAN, a municipal corporation in Gallatin county, Montana, the party of the seconc'l pa rt, VI I TN E f; S E '1' H : vlHEREAS, the pa rty of the first part is the owner of the following described real property situate in the City of Bozeman, county of Gallatin, Sta te of Montana, to-wit: The North 10 feet of Lot Nineteen (19) , all of Lots Twenty (20) and Twenty-one (21) and the South 15 feet of Lot Twenty-two ( 22) in Block Two ( 2) of park Addition to the City of Bozeman, Montana, ,'md desires to construct a fraternity house upon said herein- before described real property for the members of the ll,lpha Gamma Rho Fraternity; and, WHE RE}\, S , it is a requirement of the zoning ordinance of ;.'~:'-'l) c C~ 5 ,..-, 'f '!-"'II .;':: <:~ n.;. 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J i._h.1. t_ ,-, f f,-;'; t r p e t~ T'.rk' n.cr :':)0 1,') ~~:~ r-,~~ \.1 ',~., ~.l e r1 :,.:i for the motor vehicles owned by the members of said Alpha Gamma Rho Fraternity prior to the issuance of a building permi t by The C::Lty of Bozeman for the construction of said fraternity house; ,_lnd, WHEREAS, the party of the first part on the 30 th day of september, 1959, entered into a lease with the Sigma Beta Cha?ter of chi Omega Sorority, a corporation, wherein said Sigma Beta Chapter of Chi Omega Sorority, a corporation, leased to the part.y of the first part for a term of three ( 3) years the following described reCll property situate J_n the Ci ty of Bozeman, County of Gallatj.n, state of Montana, to-wit: The East Half (E~) of T.lots Seven (7) , Eight (8) , Nine (9) , Ten (h.!) , Eleven ( 1.1) , ,1 n ,1 '1\."c 1_ ve (J ?) :-:"' f r ~i ') :i. ~ ~ \._ I-I i. .L ,',L /' ddt ti on Lo Bozem('l~l, Monta"1d; Subject to a right-of-way easement for a sewer LIne in Frank T. Cowan and Mary E. Cowdn; ,.. . , . I . . ,. .. . for off-street parking of motor vehicles owned by members of the Alpha Gamma Rho Fraternity, together with an option which provi_des that in the event said sigma Beta Chapter of chi omega Sorority, a corporation, desires to sell sa i_d real property hereinbefore described in this paragraph, that i, t would give the ~:)a rty of the first part herein the first oP?ortunity to purchase said rea.L property upon the same term;:; ,.1nd fDr thp same ;~rice for which said Sigma Beta Chapter of Chi omega sorority, a corpora-tiun, ',",,0.11d sell said redl property to any other party; 0nd, WHEHK\S, the party of t:he second Jart herei n i~ requiring tha t the party of the first part herein bind itself to yJrovide off-street parking for the motor vehicles of the members of said !\.lpha Gamma Rho Fra terni ty in the event said lease with the Sigma Beta Chapter of chi omega sorority, a corporation, is not renewed when the term thereof has eXfJ.-Lred or in the event said Sigma Beta Chapter of Chi omega Sorority, a corporation I does not sell sala leased real property to the party of the first part herein during the term of said lease. i:~v\t; 'IHEHLfi'OH1':::, in cCi'l~i~ercl.tlo~ of U:e r;>clr c.y of "the ~~ecun,j part issuing to the party of the first part herein a building permit for the construction of saia fraternity hou~e for the mem- bers of the Alpha Gamma Rho Fra terni ty, the pa rty of t_he first part herein covenants and agrees wi_ th the party of the second part that in the event said hereinbefore described lease dated September 30, 1959, by and between Sigma Beta Chapter of chi omega Sorority, a corporation, and the party of the first part herein is not re- newed at the expiration of the term thereof or the party of the first part herein has not exercised said option <J-ndpurchased said real property described in said lease from the Sigma Beta Chapter of Chi omega Sorori t'y, i'l. corporation, that the l;;_lr-t:'/ of the f.Lrst part will provide on a permanent basis for the members of the Alpha Gamma Rho Fraternity living in said fraternity house -2- .. .. . .. . ... . ;. ", .. . - some other off-street parking in the city of Bozeman, Montana, of comparable size to said leased premises for the parking of motor vehicles of the members of said fraternity living in said fraternity house, provided that such other off-street parking area shall be located within eight hundred (800) feet of the above described fraternity house site. IN WITNESS WHEREOF, the party of the first part has caused its corporate name to be subscribed and its corporate seal to be affixed by its proper officers thereunto duly authorized and the party of the second part has hereunto set its hand by its Mayor and Clerk of the City Commission, each thereunto duly authorized, and has caused its corporate seal to be affixed the day and year first hereinbefore written. ALPHA DELTA ALUMNI ASSOCIATION, a corporation ATTEST: ) , -1 i/ ',' l By l;dl'~1~,.I, " / I . :(~"":.:...,.~,,.i.,~.~.,~'~,~:___~,~:i.,, ~...~. "_.~ i-.r-";' .'>', ,~f~..!. :~~~-i~. presideryt ..' / secret:-:!lr..y p~ty of the First Part v THE CITY Or' BOZEMAN / ...<.-.... ATTEST: ' / /1/ ( By / /,t" tl .. ,..-, Y:i :<<~L '- ... .~... '_ , .-/ / Mayor "" '/ ",'. - // .' /;>' ~",...,..........' . /I (..,/,,, <,C(<~t?;~- 't{... Clerk -3-