HomeMy WebLinkAboutRotary Park Agreement 2024CITY OF REXBURG AND REXBURG ROTARY CLUB
PARK AGREEMENT
c�► This Agreement (this "Agreement") is made by and entered into this�tAday of
-' =1 0 by and between the Rexburg Rotary Club, a non-profit corporation, a service
club in Rexburg, Idaho, (hereinafter, the "Rotary"), and the City of Rexburg, a municipal
corporation, whose address is 35 North I" East, Rexburg, ID 83440 (hereinafter the "City").
Collectively, the above entities are hereinafter referred to as the "Parties".
RECITALS:
A. The City is the owner of and currently operates a city park on a certain parcel of land
consisting of lots I and 2 of Block 1 of the Ricks -Palmer Subdivision in Madison County,
Idaho, as per the recorded plat thereof and generally identified as Rotary Park at 239
Rodney Dr. in Rexburg, Idaho (the "Property").
B. The City currently has a sewer line on the south side of the parcel and a limited use
neighborhood community park located on the Property.
C. The City is in the process of constructing a comprehensive community park at a location
approximately 900 feet North of the Property and the current Rotary Park will no longer be
efficient or necessary going forward.
D. The Rotary is entitled to receive title to the Property upon the City discontinuing use as a
Park.
E. In an effort to maximize the efficiency of the park improvements throughout the City, and
continue the legacy of the Rexburg Rotary Club, the City is willing to designate an area in
the new park as being sponsored by Rotary.
F. The Rotary is willing to assign their interest in the Property to the City for any use deemed
consistent with the surrounding properties in exchange for the following terms:
CITY OF REXBURG AND ROTARY CLUB OF REXBURG AGREEMENT - Page 1
AGREEMENTS:
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
below, the Parties agree as follows:
CITY'S OBLIGATIONS: City hereby agrees as follows:
a. Bouldering Area. The City will construct and maintain an area within the new park
located on Barney Dairy Road for the purpose of engaging in "Bouldering
Activities" and will acknowledge by name the area as having been contributed by
the Rexburg Rotary Club. If at any time the City decides to remove "The
Bouldering Activities" area or otherwise discontinues use of the new park, then the
City will designate another area of equal or greater significance as being donated
by the Rexburg Rotary within the Rexburg Parks System and acknowledge the
newly designated area as being contributed by the Rexburg Rotary Club.
2. ROTARY'S OBLIGATIONS: Rotary hereby agrees as follows:
a. Assignment of Property Interest. The Rotary hereby assigns any and all interest
that they may have to the City in exchange for the designation of the `Bouldering
Area" in a new City Park as a contribution from the Rotary.
3. Good Faith. The Rotary hereby agrees that it will work with the City in good faith to
accomplish the intentions of releasing its interests in the Property exchange for the
designation of the `Bouldering Area" in a new City Park as a contribution from the Rotary.
4. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and inures to the benefit
of the Parties to this Agreement and their respective successors and assigns.
HEADINGS. The headings in this Agreement are for reference only and do not limit or
define the meaning of any provision of this Agreement.
6. NOTICES. Any notice given in connection with the Agreement must be in writing and
must be given by personal delivery, overnight delivery, confirmed facsimile or United
States certified or registered mail, addressed to the Parties at the following addresses:
COMPANY: Rexburg Rotary Club
Attn: Sr A46,0 -V i5 k-
Rexburg, ID 83440
CITY OF REXBURG AND ROTARY CLUB OF REXBURG AGREEMENT - Page 2
CITY: City of Rexburg
35 North 1" East
Rexburg, ID 83440
Notice is deemed to have been given on the date the notice is delivered by personal delivery
or by confirmed facsimile or on the date the notice is deposited with an overnight delivery
service or in the United States mail. Notice is deemed to have been received on the date
the notice is actually received or delivery is refused.
COUNTERPARTS/FACSIMILE. This Agreement may be executed in counterparts, each
of which is deemed an original but all of which constitute one and the same instrument.
The signature pages may be detached from each counterpart and combined into one
instrument. This Agreement may be signed and delivered by facsimile (fax or email) which
shall be effective as an original.
SEVERABILITY. If any provision of this Agreement or any portion of any provision of
this Agreement is determined to be invalid, illegal or unenforceable, the invalidity,
illegality or unenforceability may not alter the remaining portion of such provision, or any
other provision of this Agreement, as each provision of this Agreement is deemed severable
from all other provisions of this Agreement.
9. ATTORNEYS' FEES. If there is any litigation or other action taken by any party to enforce
or interpret any provisions of or rights arising under this Agreement, the defaulting party
shall pay to the other party all costs and expenses, including but not limited to reasonable
attorney fees and costs, which the other party may incur in enforcing this Agreement or in
pursuing any remedy allowed by law, whether such is incurred by the filing of suit or
otherwise.
10. GOVERNING LAW. This Agreement is governed by, and construed and enforced in
accordance with, the laws of the State of Idaho.
IN WITNESS WHEREOF, the Parties have each caused their names and seals to be
appropriately affixed by duly authorized representatives the day and year first above written.
ATTEST:
City Clerk
G of Rexburg
B .Jerry errill
CITY OF REXBURG AND ROTARY CLUB OF REXBURG AGREEMENT - Page 3
Its Mayor
STATE OF IDAHO )
)ss.
County of Madison
5►"P+ ry,
On the 0 day of , 2e0 before me, the undersigned, a notary public in and
for said State, personally appeared Jerry Merrill, known or identified to me to be the Mayor of the
City of Rexburg, a municipal corporation, who executed this instrument on behalf of said
corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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(seal) C PTAqj. 'fir
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OF
STATE OF IDAHO
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No ary Public for Idaho _
Residing at:
My Commission Expires:
The Rexburg Rotary Club _
By:
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Its: '
)ss.
County of Madison
On this qt� day of January, 2.009, before me a notary public in and for said State, personally
appeared -F16, wc , known or identified to me (or proved to me
on the oath of ) to be the ?a -es, oc- of the Rexburg Rotary Club that
executed the instrument or the person who executed the instrument on behalf of said limited
liability company and acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Darin M Herzoff - -�
Notary Public
State of Idaho Notary Public for Idaho rp
se4orrmmission No. 55282 Residing at: �`
My commission expires:
CITY OF REXBURG AND ROTARY CLUB OF REXBURG AGREEMENT - Page 4