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HomeMy WebLinkAbout13- Land Use License between City and Gallatin Valley Land Trust 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 M cL4 0� 2-0 13 until October 15, 2016, for the purpose of construction and development of nonAotorlized trails for pedestrian and bicycle use by the general public as a pall 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 sl.iall 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 1 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 comer 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 2 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, GVL'r,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. I.Jpon 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. 3 I I. 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, property 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, NIT 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, m,r 59771-1.230 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 I..,icense. 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. 4 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 B y: Its: Date:_ 't State of, rl� County of- -A L L A-6 4,A This instrument was acknowledged before alconthisli-Mdayof 6,0,-� 20 by in his or her capacity as PPcs�,-)j-7t,4 r, P(),%z i',s of UALQ7-j Lap.)L (Signatl�?-e �OE A.,q KRJSTENE A.S'TILES S-rj L E S NOTARY PUBLIC for the State of Montana (Nam q) SEAL I Residing at Title/Rank: "LY-7-14re.'� zeman,Montana Residing at: Bo -4 -- MY Commission Expi Decem '7 y ornmission expires: ber 13,20f3 I 5 BOZEM EACONESS HEALTH SERVICES By; Its: ,, Bate:— ...,', State of'. C ��do'AcA County©f: C,' Mtn Thti instrument was acknowledged before ane on this C"t dav of IW av 120_0 by . ti .Y, in his or her capacity as qu aG �1 ' .0 of 01114" CHERYL INGEMAN (,5ignalure) NOTARY PUBLIC for the State of Montana ; * gOrARiA1 * Residing at SEAL _. Bozeman, Montana ( 1 F' My Commission Expires ok rrrer0 February 11, 2017 Title/Rank: �" C r Residing at: -o by) My commission expires: t 6 CITY OF BOZEMAN Icy: Its: Irate: State of: fmow6sqn- County of: d(c�:6 This instrument was acknowledged before me on this QO day of M CLc4 20 J.3 by C k in his or her capacity as 6 ofq - +q (Signature) ck, a4t�( (seal) (Alame) Title/Rank: Residing at: My commission expires: �ounrc AIMEE BRUNCKHORST NOTARY PUBLIC for the State of Montana L ' Residing at Belgrade,Montana My Commission Expires December 64,2016 7 EXHIBIT A TRAIL MAP Exhibit.A: Map of Proposed Trails r r r ""1l'"date#1 /'�h�' �r�„i�✓lip%'r,r, �� ma l tread r ate#3 f l Penang moved r Legend kOP2M212't U ParoatBift Tray MmedCs 5 igL-Track —PO Box 7021— `x .112d-�NIT 59771— Aeriat photo from 2011 — J.587,84 —4Lw tc 0 500 1,000 2,000 Feed EXIIIBITB DRAINAGE SENSITIVE MAP Exhibit B-- Drainage Sensitive Area Location r VI(�tia I r /% oar/roil/ r f� / Drainage Sensitive Area ` qi (r/r � I VVVVVV � / j "�'1� I IIIIIIIII lollilllll jjjj�� ���i( � a I, i /% ti„1I I Ili Iu��V Legend it WA Existing Trails New Trails to Be Constructed ,°MMItt Parkland Aerial photos from 2011 � PO Box 7021 — BozeIman, MT 59771 0 210 420 840 — 400.587.84104 ww�u.;gvIt.crg Feet Pdb 2013.05.09