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city of san Luis osnsp o
DONOR AGREEMEN T
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this l st day of June, 2004 ,
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City", and
THE SAN LUIS OBISPO ROTARY CLUB, hereinafter referred to as "Donor".
WITNESSETH :
WHEREAS, The Donor desires to donate a bandstand for Mitchell Park ; and
WHEREAS, acceptance of the donation is consistent with City Policy as set forth in Resolution No . 8965
(1999 Series).
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafte r
contained, the parties hereto agree as follows :
1.
TERM . The term of this Agreement shall be from the date this Agreement is made and entered, a s
first written above, until acceptance or completion of the Donation .
2.
DONOR'S OBLIGATIONS :Donor shall perform as follows :
•Design the facility improvements .
•Successfully complete the City's development review process, including review b y
appropriate advisory bodies .
•Construct the bandstand and relocate the flagpole to the north-west corner of the park .
3 .
CITY OBLIGATIONS :City shall perform as follows :
•Assist Donor with the review process .
•Waive all permit fees .
•Adjust park irrigation systems as needed .
•Maintain and schedule the bandstand once the Donation is accepted .
4 .
RECOGNITION :The Donor shall be recognized in the following manner:
a.The bandstand shall be named the "Rotary Bandstand ." An approved sign designating this
name may be placed on the bandstand, by the Donor . A bronze plaque, not to exceed 18 "
square commemorating the Donation may also be placed on the bandstand by the Donor .
b.When the renovation is completed, City shall hold a grand opening at which Donor shal l
receive appropriate recognition .
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I:IParks & Rec Commissionl2004t4genda Repods105.05.04 -donor agreement - rotawOrr
donor agreement pace 2
5.COMPLETE AGREEMENT . This written Agreement, including all writings specificall y
incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No ora l
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be o f
any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the part ie s
hereto .
6.AMENDMENTS . Any amendment, modification, or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City .
7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
City Cler k
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA 9340 1
The San Luis Obispo Rotary Clu b
Jim Hoffma n
237 Foothill Blvd .
San Luis Obispo, CA 93405
9 .AUTHORITY TO EXECUTE AGREEMENT .Both City and Donor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written .
City
Donor
ATTEST :
APPROVED AS TO FORM :
CITY OF SAN LUIS OBISPO, A Municipal Corporatio n
By : a~j~
Mayor
DONOR :
ct ~
Ci
rney
The
is Obispo Rotary Club
Jim Hoff an