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HomeMy WebLinkAboutA68-04 Damon Garcia Donorcity of san tuis oBlsp o DONOR AGREEMEN T THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 7 th day of December 2004, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City," and FAMILY AND FRIENDS OF ADRIAN BROWN, hereinafter referred to as "Donor ." WITNESSETH : WHEREAS, The Donor desires to donate a shaded structure at the Damon-Garcia Sports Fields ; 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 : •Donate $6,800 to the City . 3 . CITY OBLIGATIONS :City shall perform as follows : •Purchase and install a shade structure at the Damon-Garcia Sports Fields . •Maintain the structure once installed . 4 . RECOGNITION :The donation shall be recognized in the following manner : a . A plaque 18" x 9" with wording mutually agreeable to the Donor and the City will be place d adjacent to the structure. The Donor will purchase the plaque . 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 oral 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 partie s hereto . I:IParks & Rec Commission(2004Wgenda Repo:tsll2 .1 .04 - donor agreement - DG slructure.DOC Oonon acneement pace 2 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 Clerk City of San Luis Obisp o 990 Palm Street San Luis Obispo, CA 9340 1 Friends and Family of Adrian Brow n Nick Beadma n 1635 Chorro Street San Luis Obispo, CA 9340 1 8.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 . ATTEST : CITY OF SAN LUIS OBISPO, A Municipal Corporatio n City Donor By: Mayor APPROVED AS TO FORM : DONOR : ~~--~By: -toI~ It orney The Friends of Family of Adrian Brown Nick Beadman