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Home My WebLink About91- East Gallatin Park Memorandum of Lease Agreement Memorandum of Lease Agreement For East Gallatin Park THIS LEASE AGREEMENT made and entered into this Day of Noyf-",66A 19 -?/ I By and between the following: State of Montana by and through the DEPARTMENT OF FISH, WILDLIFE AND PARKS, Helena, Montana, (DEPARTMENT) . AND City of Bozeman by and through the OFFICE OF THE CITY MANAGER, Bozeman, Montana, (CITY) . AND East Gallatin Task Force, Bozeman, Montana, (TASK FORCE) . ARTICLE ONE-RECITALS WITNESSED: For and in consideration of the terms and conditions set forth and the mutual covenants herein and the mutual benefits to be derived here from. The parties' hereto agree and covenant as follows. 1. PURPOSE OF AGREEMENT: The purpose of this agreement is to allow the City to provide for the operation of a public recreation site on East Gallatin Park in Gallatin COUNTY, Montana. This recreation site will be developed, operated and maintained to provide for day use recreation, including but not limited to hiking, swimming and picnicking, boating, and fishing. 2. AUTHORITY: By Section 23-1-107, MCA, the DEPARTMENT is authorized to grant to the City permission to administer East Gallatin Park as a public recreation area under the terms and conditions of this agreement and for no other purpose. ARTICLE TWO - LEASE AGREEMENT 1. GRANT- The DEPARTMENT hereby grants permission to the CITY to administer the real property described in Exhibit A, commonly known as East Gallatin Park. 2. TERM: The initial term of this agreement shall be for a period of five (5) years from the date of the agreement and shall automatically renew for successive five (5) year periods unless terminated by notice of the parties as provided hereinafter. 3. TERMINATION: This agreement may be terminated at the end of any five (5) year period by the party desiring to terminate by giving to the other party notice by November lst of each year. This agreement shall be terminated if at any time the land is no longer used for or is not suitable for the benefit of the public as a public recreation site, as set forth in paragraph 1; if in the judgement of the Department or City the manner of operation of the site does not meet the requirements of this agreement. If any terms of the lease are violated by a party the other party must file notice of the violation and allow 90 days for the violating party to correct the violation. It not corrected at the end of the 90 days the agreement may be terminated. The parties recognize that the part of property located west of the East Gallatin River was once operated by the City as a city landfill, hereinafter referred to as the landfill. If it is determined that the property is not safe, the City will take whatever measures are necessary to make the property safe, or if the City chooses not to correct the hazard, this Lease Agreement is null and void. 4. MAINTENANCE: The City shall either directly, or by involving contracted services, maintain the park under this agreement in a clean and safe condition as public facilities. The City is responsible for maintenance of all site improvements. All improvements must be maintained in good condition by the City so as not to cause any unusual deterioration or damage. 5. LIABILITY: The Department will not be liable for any damage to persons or property that result from the City's past use of the site as a landfill. 6. IMPROVEMENTS: The City may make improvements and changes to enhance the park for the public, to fulfill the purposes for which the agreement is created, as set forth in Paragraph 1. Prior to any improvement or change, the City shall submit to the Department for approval a proposed site plan, which shall include construction plans, maintenance plan and proposed regulations. 7. USE FEES: Fees may be charged comparable to "Spring Meadow Lake" and "Lake Elmo" State Parks for the admission to use of, or activities on the property. The City, under this Lease and Agreement may not discriminate or refuse access on the basis of race, color, sex, age, national origin, or 'handicap. 8. RECORD BY THE CITY: The City through their accounting procedures shall maintain reasonable records of activities performed under this contract. These records shall be available at any reasonable time by the Department for audit purposes. The establishment of an account for the East Gallatin Park will be the repository for those monies received through this Lease and Agreement. 9, RESERVATIONS: The Department reserves all rights and interests in the property other than those specifically granted by the Lease and Agreement. 10. LIAISON: The City designates its liaison officer:. City Manager , as its duly appointed representative and liaison for this agreement. The Department designates its: Region Three Supervisor , or his designate as its duly appointed representative and liaison for this agreement. The Task Force President , will be its duly appointed representative and liaison for this agreement. It is agreed that all activities of either party to this agreement will be coordinated through the designated liaisons. 11, PROPERTY TAXES AND OTHER CHARGES: The Department will pay any and all taxes required, if any, special assessments, including but not limited to payments in lieu of taxes, promptly before the penalty date. 12. AMENDMENTS OR MODIFICATION: Any amendments of this agreement or modifications of any of its provisions shall be made in writing and executed in the same manner as the original Lease and Agreement and shall after execution become a part of this agreement. 13. SUBLEASING AND ASSIGNMENT: The City may not sublease or assign the property to any other person or entity, subject to the provisions of Paragraph 1. Such sublease or assignment automatically terminates this agreement. 14. VENUE: Venue for any court action arising under this agreement will be in the First Judicial District in and for the County of Lewis and Clark, Helena, Montana, and this agreement will be interpreted according to the laws of the State of Montana. ARTICLE THREE - RESPONSIBILITIES OF PARTIES 1. Montana Department of Fish, Wildlife and Parks shall: (a) Annually provide by May lst to the City of Bozeman, $5,000.00 for operations to the East Gallatin Park fund; (b) Provide technical and professional guidance for the development of the park. (c) Review plans and provide final. design approval for East Gallatin Park facilities. (d) Pay promptly before the penalty date all taxes required, if any. 2. City of Bozeman shall: (a) Establish and administer a separate fund for the East Gallatin Park and will place into said fund those monies received from the parties of this Lease and Agreement. (b) Annually provide by May Ist to the East Gallatin Park fund $5,000.00 for operations. (c) Operate, manage and regulate use of the park and establish specific rules and regulations for the administration of the area. The City shall comply with all applicable federal, state and local laws or ordinances governing the operation of the park. (d) Establish and administer a special account for the East Gallatin Park. (e) Deposit all fees collected into the East Gallatin Park fund. Fees will be accounted for through accepted accounting procedures. (f) Establish and administer a group use policy. (g) Make all appropriate expenditures from the East Gallatin Park fund for operations, maintenance and capital improvements. (h) Pay, before delinquency, all charges for utility services, supply services, materials or other similar charges which arise or grow out of the operations or maintenance of the Park,. (i) Make available to the parties to this agreement information and data as may reasonably be required and is generally available for funding justification. 3. East Gallatin Task Force Shall: (a) Operates as a non profit Montana corporation and be fully qualified under state and federal law to engage in fund raising and to receive philanthropic contributions for the purpose outlined in the agreement; to place donations, contributions of money to the East Gallatin Park fund for the specific purposes of capital improvement projects or special projects. (b) In conjunction with the City, accept donations of cash, materials and labor, for the purposes of developing and maintaining the East Gallatin Park. (c) Construct any structures, buildings or facilities on the East Gallatin Park or otherwise make any alterations to the East Gallatin Park with further permission from the Department and City. Any such improvements shall immediately become the property of the Department. (d) Submit materials prepared for public distribution, such as individual promotional activities, brochures, or any other form of publicity to the City for review and approval prior to its release; in addition, submit any agreements the Task Force proposes to enter into with third parties in furtherance of its activities described herein the city for approval. IN WITNESS WHEREOF we have hereunto set our hands and seals this day of Avo J/ A _ 19 '91 MONTANA, DEPARTMENT OF FISH STATE OF MONTANA, DEPARTMENT OF WILDLIFE AND PARKS COMMISSION FISH, WILDLIFE AND PARKS 2�7 ' jua-4- (Chairman) 071rector) EAST GALLATIN TASK FORCE CITY OF BOZEMAN, MONTANA Q4W/VV-,' (Presaent) (City Manage LEZAL REVIEW