HomeMy WebLinkAbout09- Agreement for Use of Library Land by Sculpture Park LICENSE AGREEMENT FOR USE OF LIBRARY LAND
Agreement made and entered into on December 1, 2009, between the Bozeman
Public Library, 626 East Main Street, Bozeman, Montana, 59715, through the Library
Board of Trustees ("LBoT") herein referred to as "Library," and the Bozeman Sculpture
Park, Inc., herein referred to as"BSP."
RECITALS
A. The Bozeman Public Library is created and established by law and operates at
626 East Main Street, Bozeman, Montana, 59715.
B. The BSP is a 501(c)(3) non-profit organization whose mission is to develop
and produce sculpture exhibitions on ,Library land south of the Library and
adjacent to the Main Street to Mountains Trail ("Trail") and to generate funds
to construct pedestals to display said sculptures, pay artists' stipends to defray
their expenses, hold exhibition openings and artist receptions, fund public art
programs, and promote various events in the sculpture park to the public.
Funding will be generated by appealing to donors for the above expenses, and
for ongoing development of the park and purchases of sculptures for
permanent display(Attachment 1).
C. The Bozeman City Commission approves of the BSP concept (Attachments
2,3 and 4).
D. The LBoT approves of the BSP concept(Attachment S).
E. The LBoT and the BSP recognize that this agreement does not assign or
transfer ownership of any property owned by the Library or the City of
Bozeman("City")to the BSP.
F. The LBoT and the BSP recognize that the Bozeman Public Library is a
dynamic entity and the exact future, long-term .needs of the entirety of the
Library lands are presently unknown and in the future the lands may be
needed for purposes other than those intended by the BSP.
G. The LBoT and BSP desire to enter into a Iicense agreement, revocable by
either party, whereby the LBoT will provide to the BSP the use of mutually
agreed upon space(s)located on Library land.
SECTION ONE
LIBRARY LAND
The LBoT shall provide the use of mutually agreed upon space(s) located on
Library land located south of the Library facility along the improved Trail terminating at
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the Peet's Hill Parking Lot, for the placement of pedestals and public sculptures. BSP
shall provide all pedestals, bases, pads, pods, platforms and other items on which the
Library Director and the BSP Director agree in advance.
BSP is responsible for maintaining all pedestals, bases, pads, pods, platforms,
sculptures and other improvements associated with the sculpture park and will be
responsible for any costs associated with installing, repairing, replacing and/or removing
any or all pedestals, bases, pads, pods, platforms and sculptures. All improvements and
permanent fixtures, excluding sculptures, installed by the BSP shall remain property of
the Library upon termination of this agreement, at which time the BSP shall restore the
areas used as the public sculpture park, or areas used to create the public sculpture park,
to the pre-public sculpture park condition.
The Library will allow up to a maximum of twenty-two (22) pods and a total of
twenty-six(26) sculptures be placed on mutually agreed upon space(s) located on Library
land south of the Library facility along the improved Trail ten-ninating at the Peet's Hill
Parking Lot,in accordance with the BSP master plan (Attachment 6).
Sculpture pods spurred off of the Trail containing one or more sculptures must be
a maximum of fifteen(15) feet in diameter, meet Americans with Disabilities Act(ADA)
compliance standards, and must not interfere with existing or planned underground
improvements or infrastructure. If any accommodation is necessary for the placement of
pods, pedestals, bases, pads, platforms and/or sculptures, the BSP will be responsible for
making said accommodations and returning the ground to the original state,if necessary.
SECTION TWO
DURATION AND COST
This agreement will continue in force for a period of five (5) years, beginning
December 1,2009, and shall be renewed for successive three (3) year periods if approved
by the LBoT unless terminated by written notice of either party. The BSP will pay the
Library one dollar ($1.00) annually for the use of the mutually agreed upon space(s)
located on Library land. Payment is due by Jul 1 of each year.
SECTION THREE
RESTRICTED USE OF PREMISES
Use of the mutually agreed upon space(s) located on Library land by the BSP is
restricted to the practices and purposes for which the BSP is established.
SECTION FOUR
LIABILITY INSURANCE
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The BSP shall, during the tern of this agreement, keep in full force and effect an
appropriate policy of liability and property damage insurance in the amount of at least
$1.5 million dollars and otherwise acceptable to the City and the Library. The policy
shall name the City and the Library as additional insured and shall contain a clause
specifying that the issuing party will not cancel or change the insurance without first
giving the City 45 days prior written notice. Additionally, the BSP shall require artists
and/or sculpture owners to provide individual property damage insurance policies for
their respective sculptures as appropriate.
SECTION FIVE
INDEMNIFICATION
The BSP will indemnify the Library, the City, its officers, directors and agents,
and save them harmless from and against any and all claims, actions, damages, liability
and expense in connection with any and all damages arising out of any occurrence in, on
or at the occupied premise, or any part of the premises, occasioned wholly or in part by
any act or omission of BSP, its agents, contractors, employees, lessees or invitees.
SECTION SIX
EFFECTIVE DATE
This agreement will become effective on the day and year first above written.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on
the date indicated below.
CITY OF BOZEMAN
LIBRAR BOA �F TRUSTEES
By:
Chairpe� o
Date: I�—� l z
BOZEIVLkN SCU TU { PARK
By:
Director
Date:
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