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HomeMy WebLinkAboutA38-04r 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 . I3go4 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