DONATION AGREEMENTDONATION AGREEMENT
IN CONSIDERATION of the terms set forth in this agreement (hereafter "Agreement")
made and entered into this �� day of November 2012, subject to all applicable provisions oi`
the City of Clearwater (hereafter "City"), and as an inducement to create and operate a farmer<_:
market in the CRA East Gateway District, the City will donate equipment to the InterCultural
Advocacy Institute (hereafter "ICAI").
WHEREAS, the City of Clearwater received funding from Communities Putting
Prevention to Work (CPPW) through Pinellas County Health Department for the planning and
implementation of the Clearwater Gateway Farmers Market; and
WHEREAS, the Pinellas County Health Department has partnered with the InterCultural
Advocacy Institute (ICAI) and identified a need for access to affordable and locally-grown foods
by the Clearwater community, and in particular, the East Gateway and surrounding
neighborhoods; and
WHEREAS, the Vision Plan for the East Gateway District and the East Gateway Five-Year
Action Program for FY 2012-2017 support the creation of a farmers market in the district; and
WHEREAS, a farmers market in the East Gateway would support local businesses by
expanding their customer base, creating new supply lines, providing marketing opportunities,
and improving their entrepreneurial skills; and
WHEREAS, the City will have title to the equipment listed on Exhibit A(hereafter
"Equipment"); and
and
WHEREAS, the City wishes to donate the Equipment to the ICAI; and
WHEREAS, the ICAI will be the fiscal agent for the Clearwater Gateway Farmers Market;
WHEREAS, the ICAI wishes to accept the Equipment under the following terms and
conditions.
NOW, therefore the parties agree to the following terms of such donation:
1. The ICAI will create and maintain the Clearwater Gateway Farmers Market inside thr:�
CRA East Gateway District for the term of this agreement.
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2. The City agrees to donate the equipment identified in Exhibit A as attached hereto a•I:
no cost to the ICAI.
3. The ICAI agrees to accept the equipment in "AS-IS", "WHERE IS" and "WITH ALL
FAULTS" condition. Said equipment is provided without any warranty whatsoever
either express or implied, or statutory, including without limitation, any implied
warranties of inerchantability or fitness for a particular purpose.
4. The ICAI will use the Equipment primarily for the operation and implementation of
the Clearwater Gateway Farmers Market.
5. The City will deliver the Equipment to the ICAI at an agreed upon location.
6. If the ICAI discontinues being the host agency and/or the fiscal agent of the
Clearwater Gateway Farmers Market within three years of this Agreement, the
Equipment, or remaining equipment, based on normal wear and tear, shall be
returned to the City.
7. The ICAI agrees to defend, indemnify and hold the City harmless for any action
arising from the ownership, use, operation or possession of the Equipment after the
ICAI takes possession.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
hereinabove written.
Witness:
,.�''s'y��'�.JV vL,
/�- �'1 � r c°��, V��� t f-�
Print Name
INTERCULTUR�ADVOCACY INSTITUTE, INC.
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By: �.....� ��/,� - / t;�- �,�
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Sandra Lyth, CEO
Countersigned:
��(��jC�tV'�c�1�s
George N. Cretekos
Mayor
Approved as t form:
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Pamela K. Akin
City Attorney
CITY OF CLEARWATER, FLORIDA
By:
�� ��, ' � •
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City Manager
Attest: �.�p�,oF ryFc�
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b' n.�n �,i nb �i �� OD �� �,
Rosemarie Call
City Clerk
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