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HomeMy WebLinkAboutStorey Park Swimming Pool Agreement Meridian Pool at Storey Park~_ T_,.. ~: ; A G R E E M E N T THIS AGREEMENT, Made and entered into this ,~,/~ day of April, 1969, by and between the MERIDIAN COMMUNIT SWIMMING POOL, INC., an Idaho corporation, hereinafter called First Party, and the CITY OF MERIDIAN, a municipal corporation, hereinafter called Second Party, both of Ada County, Idaho, W I T N E S SET H:- WHEREAS, First Party contemplates and plans to build a swimming pool located within the City Limits of the City of Meridian, and WHEREAS, it is the desire of Second Party to operate and maintain the pool, and WHEREAS, it is the desire of First Party that Second Party do the aforementioned. NOW THEREFORE, it is mutually agreed betweazthe parties hereto, the consideration being the mutual covenants herein contained, that upon completion of said pool the Second Party shall take over the operation, maintenance and control of the pool and shall assume all obligation and expenses connected there- with. Further, that any and all revenues obtained from the pool or adjoining concessions shall belong to the Second Party.~~ This agreement is contingent upon the First Party completing the pool and having the same in a complete operating condition. This agreement shall be binding upon the heirs, successors, assigns and t~ legal representatives of the parties hereto. - __ _ - IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year in this agreement first above written. _- ATTE Secretary (CORPORATE SEAL) __ ,- MERIDIAN COMMUNITY .SWIMMING .POOL, INC. j' By: 2 Pr ident G ~, FIRST PARTY ._--- CITY OF IDIAN 1. _ '\~~ ~ (i' pit I STATE OF IDAHO ) : ss. County of Ada ) On this ~~-day of April, 1969, before me, the undersigned, a Notary Public in and for said State, personally appeared J. D. PETTY and JOHN 0. FITZGERALD, President & Secretary, respectively, of MERIDIAN COMMUNITY SWIMMING POOL, INC., an Idaho corporation, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. r (SEAL) Nary P~fblic for I~a.ho Residen~ee; Meridian, Idaho. STATE OF IDAHO ) , ss. County of Ada ) - . __ On this day of April, 1969, before ,me, the undersigned, a Notary Public in and for said State, personally appeared DON M. STOREY and HERALD J. COX, Mayor and City Clerk, respectively, of the CITY OF MERD iAN, a municipal corporation, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. G~~. _-~~ (SEAL) No ary P lic for Idaho Residence: Meridiem, Idaho. August 7, 1990 IDAHO DEPARTMENT ~OF~ PARKS&RECREATION 25 CECIL D. ANDRUS Governor YVONNE S. FERRELL Director IDAHO PARK AND RECREATION BOARD Robert G. Thomas Region One Thomas L. Neal Region Two Sheila Robertson Region Three Glenn Shewmaker Region Four Ren E. Thomson Region Five Monte Q. Later Region Six City of Meridian 729 Meridian Street Meridian, ID 83642 Dear Mayor: On June 26, 1990, Governor Cecil Andrus signed a proclamation to celebrate the 25th year of the Land and Water Conservation Fund (L&WCF) program. L&WCF is a federal grant program which has provided over $30 million dollars in financial and technical assistance to cities, counties and the state. agencies throughout Idaho, enabling them to acquire and/or develop most of the outdoor recreation fac ilities and parks in public use today. Facilities which have been funded with the City of Meridian are: Project # 034 Meridian Swimming Pool 034 Don Storey Park 260 Meridian Swimming Pool Acq. The Land and Water Conservation Fund, as its name implies, is a true conservation program. When representatives of City of Meridian accepted L&WCF assistance, an agreement was signed committing the property to perpetual recreation use. To celebrate this 25 year anniversary, we are asking each project sponsor to rededicate the property listed above. To do this, we ask that a "Deed of Right for Public Recreation Purposes" be adopted and recorded. This can be done by each sponsor quit claiming the property to themselves and including the following statement on the new deed: "This property has been dedicated solely to outdoor recreation use in perpetuity under the Land and Water Conservation Fund Act of 1965 as administered by the Idaho Department of Parks and Recreation." STATEHOUSE MAIL BOISE, IDAHO 83720 (208) 334-2154 FAX (208) 334-3812 Street Address 2177 Warm Springs Ave. AHO ~~~ A copy of this deed would then be provided to us to maintain as part of a permanent file on the project. We hope this rededication will promote a statewide awareness of the commitment made to preserve L&WCF assisted property for outdoor recreation use. Currently, a major concern is the deterioration of this commitment. Conveyance of property rights or interest in property for nonrecreation use, discontinuance of public outdoor recreation use and/or development of indoor facilities can result in "converted use" which is a violation of the agreement that we hope to avoid. Resolving conversions can be costly for project sponsors. I might point out that every few years, we visit facilities to insure they are open and inviting to the public, display a sign depicting L&WCF assistance and that a conversion has not occurred. The sign is available free of charge from Idaho Department of Parks and Recreation. We will look forward to working with you in rededicating this property to this important conservation and recreation program. If you have any questions about the L&WCF program or if we may be of assistance to you in any other way, please feel free to contact Jake Howard, L&WCF Coordinator at your convenience. Since ely, ~c~~'~~ vonne S. Ferrell Director 10941 -..~ _~.. .. .. ` ~ x~7. ~r,~ ~. h N / v1 r OPTI~1 AUNT THI3 ACYtE~NT, Made and entered into this ~""~day of April, 19b9„ by and between the CITY t1~' MERIDIAN, a s~auniczipai corporation, herein called First Party, and the MERIDIAN COMNNNITY SWING P40L, INC., an Idaho corporation, herein called Second Party, both of Ada County, Idaho, W I T N E S S E T H:' WHEREAS, first party is the o~aer of the following desciibed real property: Comaseacing at the Northeast corner of Lot 1, Section 18, Tv~mship 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and running Southerly 221.7 feet along the Easterly boundary of said Lot 1, Section 16, to a point, said point being the TRUE POINT OF BEGINNING; thence continuing Southerly 160.0 fa®t to 8 point; thence Westerly 210.0 feet along a Line 381.7 feet Southerly of and parallel to the Northerly boundary of said Lot 1, Section 18 to a point; thence Northeasterly 170 feet, more or leek. to a point that lies 221.7 feet Southerly of the said Northerly boundary of Lot 1, Section 18; thence Easterly 160.00 feet along a line 221.7 feet Southerly of and parallel to the said Northerly boundary of Lot 1, Section 18 to the point of beginning; said tract containing 0.68 acres, more or less, and WHEREAS, it is the desire of the parties hereto to provide for the purchase by second party from first party of the above described property. ~W $FQRB, in etonsideration of the sum of One Dollar f~I";'~' ~~#~:~~,w~tluablr~~oreslatiot~c, tote rece#pt~ f~ arMiah #.s hB taby.acknoe-ladg•d, first party gives and grants to secondparty the exclusive right to purchase the above described property, at the option price of TBbT DOLLARS ($10.00). This option shall run for a peaciod of six (6) months from the date hereof, and second party herein shall have the right to exercise this option at any time during said period, by giving first party written notice of its desire to do so. This agreement shall be binding upon the heirs, successors, assigns and legal representatives of the parties hereto. IN WIT~I88S WNNRZt~', the Parties hereto have hereunto set their hands and seals, the day and year in this agreement first above written . CITY 0~ MEE~tIDIAN ~ ~'r-- I-~RIDIAN COh@~tJNITY SWIIrII~4IN~i POOL, INC. Bys ~ ATTB.S~D ~ ~~" ~~~ i ant secretary (CORPORATE SEAL) SEC~iD PARTY STATE OF IDAHO ) County of Ada ) On this „~,,.~day of April, 19fi9, before me, the undersigned, a Notary Public in and for said State, personally appeared DON M. STOREY and F3ERAIA J. COx, Mayor and City Clerk, respectively, of the CITY OP'1~RIDIAAT, a municipal corporation, known to me to be the persons moose names are subscribed-to the foregoing instrua-ent and acknowledged to mgt that they executed the same for and on behalf of said corporation. IN WITNESS WHERfit~', I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above w~i~ten. -(SEAL) No y P lic for Idaho Restidestes Meridian, Idaho. ST~,fiE, ~OF IDAHO `~~ s ee. County of Ada On this day of April, 1969, before me, the undersigned, a Notary Public in and for said State, personally ap~ar®d J. D. PETTY and JOIN O. PITZGBRALD, Preddeat and Secretary, respectively, of MERIDIAN CQi!NITY SWIMMINQ POOL, INC.., an Idahocorporation, lcaso~vn to ~t to be the persons whose names are subscribed to the foregoing instrlssant, and acknowledged to me that they executed the semis, for and oa behalf of said corporation. IN WITNESS WHEREQF, I have hereunto set my hand and affixed my offictial seal, the day andysar is this certificate first above written. /r~ f~,c . /_. / // . `i~i~d/o,, SIP i_ _ _ __._ Plea e sign az~ld• return to: •~. Idaho Dept. of Parks Statehouse Ro.t,~c,., Zdahq 83707 FROM DEPARTMENT_ SUB DIVISION C 0 STATE OF IDAHO Miscellaneous Expenditure Voucher PARKS Federal Bureau of Outdoor REcreation APpROpHIAnoN ACCOUNT TITLE_ PAY TO: CODE NO. l~ City of Meridian Meridian, Idaho 83642 -~"yrm:.~.G'+FV,-'gp~lwtq+,-..,~,.•,~: ~..,,.r. ~_ krt->Nnr,:a.F4~nr.-.-•w,r-..ry~aFS-~- ax,r--•r~•-~ _~ ~' DATE 1-30-68 EXPE ANATION Project ~~11-00034 City of Meridian Meridian Swimming Pool No. FOR USE Of- DF.PAN F.N I No. 4P11-00034 ACCOUNT CODES FUND FUNCTION ;IIU =11V AI'Fil OBJECT COST COD F.S 365 12 09 353 3,095.0 COMPUTATION CH F.CKE;J B'Y: PREAUDITED BY: INCLUDED IN DF,II..'~' `~LiMti'AHV NU. ,.ra~irs-.. ,r. -~ -.. - POSTED TO BLIDG ET CONTROL LEDGER _. _. Less surcharge TOTAL FOR USE OF DIVISION OF ACCOUNTS ON EY 1_E AV E' AMC)UNI~ RI_ANK 13,095.00 I hereby certily That the foregoing auourJ i5'lusl and correct, Ihnl the amount cla'uned is legally due, after allowing nll just rnallls, and that no part of Sarno has linen poll. %~ 13,500.00 - 405.00 --"--°-------------'-"----9 -'-----'--'-'-°-------- Si nature of Claimant INSTRUCTIONS TO ISSUING DEPARTMENT II Ihi•. claim IS lu apply ayainsl on app~n'~r•J nlisrullnn~•ous encum6nlncr reyur. illun, ndnirvxe tip Iht• numbctl thc~e~~l nursl be mode In tlu~ lowr~i ilghl lined ~ ai nei ul Ihlti lul nl. To Ih• $lale Auditor: h'r~lu•~til r: hereby mudr Ihot a wan and hr aull~~,i u~•d ~uul dlnwli in puy Initnl rrl Ih~~ Ilan ur Ilrnlr, do.rrdn•~1 I~wr•iu~rbn~u I hir.•Ly ~~~Ilily Ibul Ili, Jrnr~, rtr•.•lil u•d w..r ui d•; n•d I,y pl~rpr ~nillrnllly, Ihn11L~~y ore n•~~r ,.ury nr Ihr• puhhr ~~rvln•, Ilnrl Ihr• Ihnn•, hrrvr~ br•r•Ir ~~~~ rvr~J urol ur~nunlr,~l Inr, and Thal the r'r r.i ~~unl u~ •,In lyd r. unrorl un•I u••I Dole - Head ~~I Uepurlmenl or Inotlrutlun AUDITOR'S CERTIFICATE ENCUMBRANCE LIoU1pATIUN I hr,l •~I~y relll{y That the, above nrrr•tnil is In lii npei Ir,l m, flint Into l•, i m and hereurr al o r al I e~ 1, Il~nl i ~ i•II~I•, 5 ~~ i win n n•yunr•d by law or u•yulutl~n~ of Ili~• '~Inlc 14unid - rn V .nannr~~ti ~ nsr_r lug Ilen,•, Inr whl~ 6 n,nliLui,nno~lil wnlwnN I Nurdut It _ ~_ -. __ I. r•k~•~I al r• ••ubnull~•d h•.~r•wllh• un~l III~II Iln•. n~ u.. ---- Irrad•• rrr Ihr• •,la lr• Irr"~~.Ury ~rrrd h~,r lrl~~,.. Ili nlil,l npr i, rl i~~rr Irnlf I•AIU .,. ~ nurrl•, nut ..I wbl~ h Ihr ,nan• eery h~~ Inwlully p•ri~l ML`,r EL I ANf uu~, l NCIIMBRANCF HE.QUISI ZION Stale !Auditor' NO.