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HomeMy WebLinkAboutLicense for Land Use with Gallatin Valley Land Trust Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mitch Overton, Director of Parks and Recreation Chris Kukulski, City Manager SUBJECT: Authorize the City Manager to sign a license for land use with Gallatin Valley Land Trust and Bozeman Deaconess Hospital for non-motorized trails on Hospital Land MEETING DATE: May 20, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve a license for land use with Gallatin Valley Land Trust and Bozeman Deaconess Hospital for non-motorized trails on Hospital Land. BACKGROUND: For several years, the Gallatin Valley Land Trust (GVLT), Bridger Ski Foundation, and Bozeman Deaconess Hospital have had an agreement to use the Hospital’s land east of Highland Boulevard for winter ski trails. The hospital has now agreed to let GVLT construct and maintain single-track trails for year-round use. Once complete, this project will add over 4 miles of trail to the Main Street to the Mountains trail system and make it possible to go from the Bozeman Public Library all the way to Painted Hills Trail without using sidewalks or roadways. The gulch area where trails will be constructed is also a beautiful landscape and feels far away from town, though it is just minutes from Main Street. It will be a fantastic community asset. The Hospital has requested that Gallatin Valley Land Trust and the City of Bozeman enter into a land-use license agreement, outlining how the trails will be managed. The agreement specifies that: • GVLT will accept responsibility for trail construction and maintenance, and will indemnify the City and Bozeman Deaconess Hospital. • The City will manage public use of the trails in accordance with the rules, regulations, procedures and practices that generally apply to the City’s system of public pedestrian and non-motorized trails. The agreement acknowledges that the City has limited resources and its inspection and monitoring will be infrequent. 12 RECREATION AND PARKS ADVISORY BOARD: The Recreation and Parks Advisory Board have been briefed on this project several times and have been generally supportive, but they have not voted. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: As suggested by commission. FISCAL EFFECTS: All costs will be covered by the Gallatin Valley Land Trust, including signage, fencing, trail construction, and ongoing maintenance. The City Recreation and Parks Department and law enforcement may incur costs managing public use of the trails in accordance with City practices. These costs may be comparable to the City’s costs when a new Homeowner’s Association develops parkland. Attachments: • License for Land Use 13 1 LAND USE LICENSE LICENSE FOR USE OF BOZEMAN DEACONESS HEALTH SERVICES PROPERTY BY GALLATIN VALLEY LAND TRUST And THE CITY OF BOZEMAN THIS LICENSE is given by the Bozeman Deaconess Health Services, with an address of 915 Highland Boulevard, Bozeman, MT 59715 (hereinafter referred to as the "Corporation") to Gallatin Valley Land Trust, with an address of 25 North Willson Avenue, Suite E, P.O. Box 7021, Bozeman, Montana 59771 (hereinafter referred to as "GVLT") and the City of Bozeman, with an address of 121 North Rouse, Bozeman, Montana 59715 (hereinafter referred to as the “City”). IN CONSIDERATION of GVLT’s and the City’s promises herein, the Corporation gives permission, revocable and terminable as hereinafter provided, to GVLT and the City to use: The Corporation's farm property east of old and new Highland Boulevard, as depicted on the map attached hereto as Exhibit A, during the period commencing ___________________ until October 15, 2016, for the purpose of construction and development of non-motorized trails for pedestrian and bicycle use by the general public as a part of and an extension of the City’s trail system, on the terms and conditions as set forth below. GVLT and the City, by affixing their authorized signatures to this License, promise to comply with and abide by the terms and conditions herein. The specific trails are generally depicted on the attached trail map (Exhibit A attached hereto and incorporated herein by this reference) and as may be collaboratively updated from time to time. As per agreement between the parties hereto, GVLT’s rights, obligations and liabilities under this License are, and shall be limited to, trail location, construction, and physical maintenance of the improvements and signage associated with the trail system on Corporation property. The City’s rights, obligations and liabilities hereunder are, and shall be limited to, management of all public uses of the trails on Corporation property as a part of, and under the rules and regulations applicable to, public use of the City’s recreational trail system. CONDITIONS: 1. GVLT will defend, indemnify and hold harmless the Corporation and the City, its officers, agents, and employees, against and from any and all actions, suits, judgments, claims, demands, costs, expenses (including attorney's fees) and liabilities of any character whatsoever, brought or asserted for injuries to, or death of any person or persons or damages to property arising out of, resulting from, or occurring in connection with GVLT’s rights under this License to locate, construct and physically use the trails depicted on the trail map, and as updated as provided above. 2. GVLT and the City understand that farm property has a long term lease for the use of growing crops and for livestock grazing, and that no trail development can interfere with the rights of the person holding the farm lease (the “agricultural lessee). The Corporation 14 2 hereby represents and warrants to GVLT and the City, however, that the terms of its agricultural lease permit Corporation to enter this License with GVLT and the City, and that the agricultural lessee shall have no right to object to, or to prevent, GVLT’s and the City’s exercise of the rights and privileges conferred under this License. The Corporation is responsible for notifying its agricultural lessee of the existence of this License and of its terms and conditions. GVLT and the City understand that there is an area on the northwest corner of the property, marked on the map attached hereto as Exhibit “B” and incorporated herein by this reference, that must be maintained by GVLT in a manner as to not cause drainage issues for the buildings on the adjacent property and that no trail development can interfere with the maintenance of that area. GVLT fully indemnify the Corporation for any costs of trail construction, maintenance, repair or restoration. 3. GVLT shall be responsible for the following: a. Providing signage for Corporation property; b. Locating, physically constructing, and physically maintaining trails and related infrastructure such as bridges, culverts, fencing, and gates in a safe condition for non-motorized recreational use by the general public; and c. Controlling noxious weeds along the trail corridors. d. Picking up litter caused by the public; 4. The City shall be responsible for the following: a. Managing public use of the trails on Corporation property in accordance with the rules, regulations, procedures and practices that apply to the City’s system of public pedestrian and non-motorized use trails; b. Assistance with any parking problems; and c. Ensuring that trails are utilized during a time that does not interfere with the quiet enjoyment of surrounding neighborhoods. 5. GVLT and the Corporation recognize the City has limited resources to manage public use on trails developed on the farm property. As such, GVLT and the Corporation agree the City’s monitoring and inspections of trails, trail related infrastructure, and public use will be infrequent and not regularly scheduled. While the City agrees to manage public use of the trails on Corporation property in accordance with the rules, regulations, procedures and practices that generally apply to the City’s system of public pedestrian and non-motorized trails and the Corporation authorizes such oversight, the Corporation and GVLT agree the City shall not be responsible to actively monitor the public’s use of the trail system. 6. GVLT's privileges hereunder shall not be assignable by GVLT, in whole or in part, except to the City. Notwithstanding any provision in this License that may be construed to the contrary, however, the Corporation understands and agrees that GVLT’s trail 15 3 development and maintenance is intended to be for the benefit and use of the general recreating public. 7. GVLT shall maintain comprehensive and general liability insurance in the amount of at least $1,000,000.00 insuring GVLT against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of or in connection with GVLT’s location, construction and physical maintenance of the trail system on Corporation property by GVLT or those under its direction or with its permission. As partial consideration for this License, GVLT’s general liability policy must name the Corporation, the City, and any additional lessees as an “Additional Insured” party, and GVLT must provide the Corporation with written evidence of such coverage upon receipt of the Corporation’s request. In addition, the policy or policies shall contain a provision that no cancellation thereof shall be effective by the insurer without thirty (30) days written notice to the Corporation. 8. The Corporation will notify GVLT and the City in writing of any breach of this License. Upon receipt of the notice, GVLT and/or the City shall arrange a meeting with the Corporation to discuss the breach and available remedies. If an agreement cannot be reached regarding a remedy to any breach, the Corporation reserves the right to revoke or terminate the permission hereby given at any time by giving GVLT and the City at least ten (10) days written notice of such revocation or termination, except that the Corporation may, at its election, revoke or terminate the permission forthwith at any time without giving any notice if GVLT or the City fails to comply with or abide by each and all of the provisions hereof. 9. On revocation, surrender or termination of the License hereby given, GVLT and the City shall quietly and peaceably surrender the portion of the premises occupied by GVLT in the same condition as the premises was at the time the use commenced if no trail development has occurred, or in the condition the premises is currently in at the time of revocation, surrender, or termination, subject to the provisions of Paragraph 10 below. If this license is revoked, surrendered or terminated when the trial system is only partially constructed, the Corporation shall have the option of either (i) taking the property “as is” at the time of revocation, surrender or termination, or (ii) requiring GVLT and the City to restore any cuts and fills associated with trail development, to remove bridges, culverts or other improvements installed on the trail system. 10. Upon termination of this License after the trail system has been constructed, it is expressly understood and agreed that GVLT and the City will leave all trail facilities in a clean, safe and sanitary manner, at no cost to the Corporation, and shall comply with all ordinances, conditions, statutes and regulations applicable thereto. If GVLT and /or the City fail to comply with the terms of this Paragraph 10, the Corporation may undertake all actions and expenses necessary to restore the trail system and its facilities to a clean, safe, functional condition and shall be entitled to reimbursement of such costs and expenses from GVLT and/or the City. 16 4 11. Any amendment or modification to this License or any provision herein shall be made in writing and executed in the same manner as the original document and shall after execution become a part of this License. 12. Written notice shall be deemed to have been received when the same is deposited in the United States Mail, properly addressed, postage prepaid, certified mail, return receipt requested. Notice to the Corporation shall be directed to: Notice to GVLT shall be directed to: Gallatin Valley Land Trust 25 North Willson Avenue, Suite E, Bozeman, MT 59715 Notice to Bozeman Deaconess shall be directed to: Bozeman Deaconess Health Services 915 Highland Blvd. Bozeman, MT 59715 Notice to the City shall be directed to: City of Bozeman Attention Director of Parks and Recreation PO Box 1230 Bozeman, MT 59771-1230 13. In the event any dispute arises over the interpretation or enforcement of the terms and conditions of this License, the laws of the State of Montana shall govern resolution of such dispute. Time is of the essence of this License. 14. This License sets forth the entire agreement of the parties and supersedes all prior discussions, negotiations, understandings, or agreements, all of which are merged herein. The parties agree that the Recitals are true and correct and accurately reflect their intentions as of the date of this License. 15. This License shall not be deemed effective until all parties named have executed the License. 16. This License may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17 5 17. Each party hereto expressly warrants and represents that the person signing this License below has actual authority to bind the entity for which he or she signs for the term of and to the conditions of this License, and upon request, each shall furnish the other party with appropriate resolutions authorizing the execution of this License by the party signing below. IN WITNESS WHEREOF, we have hereunto set our hands and seals on the dates subscribed below. GALLATIN VALLEY LAND TRUST By: Its: Date:_ State of: County of: This instrument was acknowledged before me on this _____ day of ______________ , 20______ by _____________________________ in his or her capacity as ____________________________ of . (Signature) (seal) (Name) Title/Rank: _______ Residing at: _______ My commission expires: 18 6 BOZEMAN DEACONESS HEALTH SERVICES By: Its: Date:_ State of: County of: This instrument was acknowledged before me on this _____ day of ______________ , 20______ by _____________________________ in his or her capacity as ____________________________ of . (Signature) (seal) (Name) Title/Rank: Residing at: My commission expires: 19 7 CITY OF BOZEMAN By: Its: Date: State of: County of: This instrument was acknowledged before me on this _____ day of ______________ , 20______ by _____________________________ in his or her capacity as ____________________________ of . (Signature) (seal) (Name) Title/Rank: _______ Residing at: _______ My commission expires: 20 8 EXHIBIT A TRAIL MAP 21 9 EXHIBIT B DRAINAGE SENSITIVE MAP 22 23 24