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HomeMy WebLinkAbout99- Fairgrounds Pavilion .! . , G~ . -...-.-'-~ ,... . S I - " fi \ (i~ /-.- .....---..--or i ? 8/999 MEMORANDUM OF AGREEMENT FAIRGROUNDS PA VRJON GALLA TIN COUNTY/CITY OF BOZEMAN TIllS AGREEMENT is made and entered into by and among Gallatin County, Montana ("County") and The City of Bozeman, Montana ("City"). WHEREAS, a need exists to maintain the availability for quality organized ice hockey and ice skating opportunities in Gallatin County and City of Bozeman because the Bozeman Amateur Hockey Association ("BAHA") is unable to make the necessary upgrades to the Bogert Park Pavilion~ and WHEREAS, a need exists to enhance the opportunity for other recreational, entertainment and agricultural activities~ and WHEREAS, a multipurpose open-air pavilion located on the Gallatin County Fairgrounds with accompanying facilities would allow the County and City to meet these needs. NOW, THEREFORE, in consideration of the mutual covenants and agreements between the parties, it is agreed. 1. THE PURPOSE OF THE MEMORANDUM. The purpose of this Memorandum of Agreement is to provide a process for the financing and construction of an approximate 110' by 225 'open-air pavilion and accompanying facilities located on the Gallatin County Fairgrounds. An additional purpose is to set forth the types of uses and duration of access to the pavilion. 2. FINANCING AND CONSTRUCTION. Upon receipt from the City of $180.000.00 (of which approximately $10,000 shall be considered earmarked for lighting the pavilion) the County shall: A Plan, design and construct an approximate 110' by 225' open air pavilion (to be named the "Haynes Pavilion") on the Gallatin County Fairgrounds. The pavilion and its immediate location shall: (1) Be designed to accommodate a standard sized ice surface including a refrigeration system and dasherboards. (2) Include all necessary utilities including sewer, water, power and lights. (3) Include a formal park setting adjacent to the pavilion and accompanying facilities which shall run from a gated entry way on Tamarack Street up to the pavilion to the north. The park shall include irrigated grass and trees. The County shall be responsible for payment and construction of the park landscape which shall be completed no later than the Fall of2000. 1 The County shall retain all right, title and interest to the real property upon which the pavilion is located and to all improvements thereon. B. Before County enters any subsequent contracts with third parties to perform any work on the pavilion or accompanying facilities it may set forth a formal bidding process under Montana law. If for any reason the lowest responsible bid can not be accepted by County, County may at its discretion return the $180,000.00 set forth above and immediately terminate this Agreement. 3. USE AND ACCESS. The pavilion shall be accessible to the public under the following conditions: A The County will lease the pavilion and accompanying facilities to BAllA under terms that shall include but not be limited to: (1) A lease term for the time period of approximately November 1 to April 15 ("winter use period") for 10 years with a right of renewal. (2) The construction, operation and maintenance of adequate ice surface, refrigeration and dasherboard systems by BAllA shall act as consideration for rent for the pavilion and accompanying facilities. (3) The pavilion and accompanying facilities shall be open for free general public access for reasonable amounts of time during lunch hours and evenings. (4) The lessee shall insure its operations and property in amounts acceptable to County. (5) Nothing in this section shall limit BAHA from charging individuals membership, session or season fees for use of the pavilion and accompanying facilities. B. The County shall not be responsible for the construction, operation and maintenance of adequate ice surface, remgeration and dasherboard systems at the pavilion ifBAHA is unable to meet its obligations under the lease. If for any reason BAHA is unable to meet its obligations under the lease the County and City shall agree on an acceptable use for the pavilion and accompanying facilities for the winter use period which shall include the same terms and conditions in Section 3 A above. C. The pavilion and accompanying facilities shall be open for use by the general public as any other County Fairgrounds facility for the remainder of the year ("summer use period") subject to the following conditions: (1) The County will allow access to the pavilion and accompanying facilities commensurate with the policies, scheduling and cost structures of similar County Fairgrounds facilities for the hours of 8:00 a.m. through 10:00 p.m., except during one week for the annual County fair. The park adjacent 2 : to the pavilion and accompanying facilities shall be open as any other County Fairgrounds facility for general use to the public for the hours of8:00 a.m. through 10:00 p.m. 4. NO SEPARATE LEGAL ENTITY. The parties agree this Memorandum does not create a separate legal entity. 5. DEF A UL T AND TERMINATION. In the event either party fails to comply with any provision of this Agreement and fails to cure such a breach within thirty days written notice, then that party shall be in material default of this Agreement and the other party may, in its sole discretion, terminate this Agreement and pursue all remedies available to it at law or in equity. This Agreement may also be terminated by mutual written agreement. 6. INSURANCE. County shall insure the pavilion and accompanying facilities and the adjacent park under the same coverage and policies as all other County personal and real property. 7. AMENDMENT. This Memorandum represents the entire agreement between the parties and can only be amended by written agreement by all of the parties. 8. EXECUTION OF MEMORANDUM. This Memorandum of Agreement consists of three pages, plus a signature page for each party, which taken together shall constitute one instrument. The original shall be kept in the office of the Clerk and Recorder of Gallatin County. END OF MOA-EXCEPT FOR SIGNATURE PAGES 3 ,011 r". SIGNATURE PAGE GALLATIN COUNTY, MONTANA The undersigned is authorized to execute this MEMORANDUM OF AGREEMENT, FAIRGROUNDS PAVILION, GALLATIN COUNTY/CITY OF BOZEMAN, and bind Gallatin County, Montana as a party DATED: q/~1 William A Murdock, Chair ,GJ2!~- Phil Olson, Member ~ibUf Jennifer Smith Mitchell, Member ATTEST: 0htAA7 ~C-L Title: 4 jj ~ 'f~ SIGNATURE PAGE CITY OF BOZEMAN The undersigned is authorized to execute this MEMORANDUM OF AGREEMENT, FAIRGROUNDS PA VILlON, GALLATIN COUNTY/CITY OF BOZEMAN, and bind the City of Bozeman, Montana as a party. DATED: ~~ ~1.l~~1 J - l.- - - Clark V. Johnson, City Manager ATTEST: e~ JJ~,~ Robin L. Sullivan, Clerk of Commission