Loading...
HomeMy WebLinkAbout19- Letter of Agreement - M. Anderson - Anderson Pavilion at Bogert Park Letter of Agreement October 22, 2019 Marcia Anderson 1027-C Senda Verde Santa Barbara, CA 93105 RE: Anderson Pavilion at Bogert Park—Letter of Agreement This letter of agreement(the "Agreement") confirms the understanding reached by the parties and sets forth the terms and conditions of a donation by Marcia Anderson("Marcia Anderson") to the City of Bozeman(the "City")to rebuild the pavilion at Bogert Park and the naming of the pavilion in recognition of this donation. 1. Parties to the Agreement and Notices: a. For Marcia Anderson Contact: Marcia Anderson Address: 1027-C Senda Verde Santa Barbara, CA 93105 b. For City of Bozeman Contact: Cyndy Andrus -Mayor Address: 121 N. Rouse Ave. Bozeman, MT 59715 2. Background: The pavilion at Bogert Park(the"Pavilion") is a popular community gathering place as well as the home of the Bogert Farmer's Market and an ice-skating/hockey rink. On March 17, 2019 the roof of the Pavilion suffered a partial collapse due to a heavy snow load impacting rotting support timbers. The Bozeman City Commission has directed Bozeman City staff to arrange for the repair of the Pavilion, including repairing the roof and bringing the facility up to current building code. The estimated cost of these repairs is $650,000. The City has appropriated funding toward the cost of repair, and the City's insurance is estimated to cover a portion of the cost;however, a substantial unfunded repair balance remains. Marcia Anderson,recognizing the historic value of the Pavilion as well as the importance of the Pavilion as a community resource, agrees to make a donation of$350,000 to the City of Bozeman to assist with the remaining cost of the Pavilion repair. In appreciation of Marcia Anderson's generous donation,the City of Bozeman will name the repaired facility The Anderson Pavilion at Bogert Park. 3. Marcia Anderson Responsibilities: Marcia Anderson agrees to: a. Submit a personal check in the amount of$350,000 (the "Donation") payable to the City of Bozeman within ten(10) days of the execution of this Agreement. b. Provide relevant biographical information,photos and press release copy to the City to assist the City in meeting its obligations under this Agreement. Marcia Anderson recognizes there was installed inside the Pavilion a sign reading "Jack's Place." The City installed this sign many years ago for the purpose of recognizing a longtime former City employee and not for the purpose of naming the Pavilion. Marcia Anderson agrees the City may reinstall this sign within the interior of the Pavilion upon the completion of the Pavilion repair. 4. City of Bozeman Responsibilities: The City of Bozeman agrees to: a. Provide_a receipt for the Donation to Marcia Anderson within ten (10) days of the receipt of the donation. b. Utilize the Donation exclusively for the repair of the Pavilion. c. Issue a press release related to the Donation to include copy approved by Marcia Anderson or her designated representative. d. Complete repairs of the Pavilion by October 31, 2020 or as soon thereafter as practicable and report the date of completion to Marcia Anderson in a timely manner. e. Name the repaired facility "The Anderson Pavilion at Bogert Park."The City will incorporate the name into all relevant City-sourced maps, resource descriptions and marketing materials. f. Ask third party organizations using the Pavilion to refer to the Pavilion as The Anderson Pavilion at Bogert Park in any marketing or other public materials associated with that organization's event(s) at the Pavilion. g. Install a standard park kiosk or similar signage bearing the name The Anderson Pavilion at Bogert Park in a prominent location near the Pavilion that references the Donation. Prior to installation, the City will provide Marcia Anderson a drawing depicting the signage placement and design. However, to ensure consistency with other signage in City parks the City shall make the final determination of placement and design of the signage. The City will be responsible for upkeep, repair, and replacement of the signage in the event of vandalism or damage from natural causes. h. Host a ribbon-cutting event celebrating the opening of the repaired Pavilion and invite Marcia Anderson or her designated representative to attend and(if desired) speak at the event. i. Provide written confirmation by December 31, 2020 to Marcia Anderson that the City's obligations under this Agreement have been completed. 5. Changed Circumstances: While the Pavilion is intended to continue indefinitely so long as Bogert Park continues to be used as City park, it is possible that over time the Pavilion may be demolished or substantially remodeled to improve its function or to create a new feature within Bogert Park. Should such an event occur, the City will make every reasonable effort to notify Marcia Anderson and, in collaboration with Marcia Anderson attempt to find a way to continue to recognize the Donation in a way that is consistent with Marcia Anderson's original intent. If the Pavilion is destroyed by fire, flood or other act of God,the City is not obligated to rebuild the Pavilion,but if the Pavilion is replaced or reconstructed,then it shall continue to be subject to the terms of this Agreement. Acceptance: By signing below,the undersigned represent that they are authorized to act on behalf of their respective parties and to bind their respective parties to the terms of this Agreement, and that the undersigned parties have read,understand and agree to the above. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. A facsimile or electronic signature shall be deemed an original signature for all purposes. Marcia Anderson: Signed: C%i � J�---AA Name: PJA�;a A k) E Q-F Date: I i City of-B an: Signed: Cynthia L. An rus, Mayor Date: --2, o(c,*.