HomeMy WebLinkAbout99- Fairgrounds Pavilion Gallatin County/City- - -, -
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~VIEMORANDUM OF AGREEMENT
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FAIRGROUNDS PAVILION
GALLATIN COUNTY/CITY OF BOZEMAN
THIS AGREEMENT is made and entered into by and among Gallatin County, Montana
("County") and The City of Bozeman, Montana ("City").
WI~REAS, 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
W~REAS, a need exists to enhance the opportunity for other recreational, entertainment and
agricultural activities; and
VVI~REAS, 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 Ageement 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 dasherboazds,
(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 pazk
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 of 2000.
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to the pavilion and accompanying facilities shall be open as any other County Fairgrounds facility for
general use to the public for the hours of 8:00 a.m. through 10:00 p.m.
4. NO SEPARATE LEGAL EN'CITY. The parties agree this Memorandum does not create
a separate legal entity.
5. DEFAULT AND TERMINATION. >n 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. INSU~ItANCE. 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. EXECiJ'IZON OF MEMORANDUM. This Memorandum of Ageement 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
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SIGNATURE PAGE
GALLATIN COUNTY, MONTANA
The undersigned is authorized to execute this MEMORANDUM OF AGREEMENT,
FAIRGROUNDS PAVII,ION, GALLATIN COUNTY/CITY OF BOZEMAN, and bind Gallatin
County, Montana as a party
DATED:
William A Murdock, Chair
Phil Olson, Member
Jennifer Smith 11Titchell, Member
AT`TES~T:
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Title:
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SIGNATURE PAGE
CITY OF BOZEMAN
The undersigned is authorized to execute this MEMORANDUM OF AGREEMENT,
FAIRGROUNDS PAVILION, GALLATIN COUNTY/CITY OF BOZEMAN, and bind the City
of Bozeman, Montana as a party.
DATED: ~ ~_~ ~ ~~~~
Clark V. Johnson, City Manager
ATTEST:
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Robin L. Sullivan, Clerk of Commission