Loading...
MEMORANDUM OF UNDERSTANDING TAMPA BAY VETERANS ALLIANCE WAR MEMORIALTampa Bay Veterans Alliance War Memorial Memorandum of Understanding THIS MEMORANDUM OF UNDERSTANDING IS INTENDED SOLELY AS A PRELIMINARY EXPRESSION OF THE GENERAL INTENTION OF THE PARTIES. THE PARTIES INTEND THAT NEITHER SHALL HAVE ANY CONTRACTUAL OBLIGATIONS TO THE OTHER WITH RESPECT TO THE MATTERS REFERRED TO HEREIN UNLESS AND UNTIL DEFINITIVE AGREEMENTS HAVE BEEN FULLY EXECUTED AND DELIVERED BY THE PARTIES. THE PARTIES AGREE THAT THIS MEMORANDUM OF UNDERSTANDING IS NOT INTENDED TO CREATE ANY AGREEMENT OR OBLIGATION BY ANY OF THE PARTIES TO ENTER INTO DEFINITIVE AGREEMENTS. 174 ILA`` e-30",i0fA, .10 Iy This Memorandum of Understanding is made and entered into this" day of between the City of Clearwater, a municipal corporation of the State of Florida, hereinafter referred to as the ( "City ") and Tampa Bay Veterans Alliance, a Florida non - profit corporation, hereinafter referred to as ( "TBVA ") (each individually referred to herein as "Party" or collectively as the "Parties "). This Memorandum of Understanding is entered into by the City and TBVA for the purpose of formalizing the intent of the Parties relating to the responsibilities and obligations regarding the fund raising, design, site selection, construction, installation and maintenance of a proposed Veterans War Memorial ( "War Memorial" or the "Project "). It is the general intent of the parties that TBVA will take on the responsibility for all aspects of fund - raising for its monetary contribution to the Project. It is further contemplated that once the project funds are in place, the City will utilize the attached design to undertake permitting, construction and maintenance of the project. To that end, the Parties agree as follows: 1. The Project. The proposed project is contemplated to consist of Phase One, a memorial plaza constructed of pavers or concrete with half - walls, of approved height and length, to feature veteran and donor recognition plaques with further landscape and hardscape features as permitted and included as Exhibit "A" (the "Project"). Future phases may follow, as agreed to by the parties, including the addition of memorial sculptures and plaques recognizing the service of veterans from World War I through present day. 2. Public Support. TBVA has presented the Project to, and obtained support from, the Skycrest Neighborhood Association, the Clearwater Arts Alliance, and the Clearwater Public Art & Design Board. 3. Cost and Fundraising. TBVA estimates the total cost of Phase One to be Three Hundred Thousand dollars ($300,000.00). TBVA shall initiate, coordinate, and oversee a campaign to raise all funds required for their portion of the Phase One Project, which is One Hundred Fifty Thousand dollars ($150,000.00). It is estimated that it will take eighteen (18) to twenty-four (24) months to raise TBVA's portion of the Project funding. This Agreement shall terminate in its entirety should TBVA fail to raise the One Hundred Fifty Thousand dollars ($150,000.00) required for their portion of the Project by January 1, 2016. Should TBVA fail to raise the required funding, the Parties acknowledge and agree that the City shall not have any monetary responsibility or obligation for any aspect of the Project, including but not limited to, any ongoing subsidy. 4. Matching Funds. Once TBVA has collected the full One Hundred Fifty Thousand dollars ($150,000.00), and remitted it to the City, to hold in escrow for the planning, permitting, and construction of the Project, the City will contribute its matching funds in the amount of One Hundred Fifty Thousand dollars ($150,000.00). [GM11- 9100 - 019/136195/] 1 5. Review and Approval of the Project by the City. The Project, as described in Exhibit "A ", shall be reviewed and approved in accordance with all applicable procedures and regulations pertaining to the construction of similar projects within the City and provided for in the Community Development Code and other applicable regulations or law. TBVA has provided the design for the project. The City shall be responsible for the permitting and construction of the Project, including preparing all required applications, site plan drawings, and building permits. The City agrees to facilitate, coordinate review of, and process the foregoing applications on an expedited basis. The Clearwater City Council expressly reserves the right to final review and /or approval of the project. 6. Site Selection. The preliminary location for the Project has been identified as Crest Lake Park as more particularly described in Exhibit "B" (attached hereto and incorporated herein). 7. Costs and Ongoing Expenses. The City will supply ongoing maintenance for Phase One. 8. General Provisions. The Parties hereto agree to cooperate in good faith to pursue and fulfill the intent of this Agreement, and to enter into a more definitive agreement for the Project, if directed to proceed by City Council. COUNTERSIGNED: cteAltci\crt\R.lco! George N. Cretekos Mayor APPROVED AS TO FORM: Laura Mahony Assistant City Attorney II TAMPA BAY VETERANS ALLIANCE Rev. Fr. Robert B. Swick Chairman [GM 11 -9100- 019/136195/] CITY OF CLEARWATER, FLORIDA By: tiLQ,■. . li A11) William B. Horne II City Manager 2 ATTEST: , d..fVLc2l cc �14. Rosemarie Call City Clerk Marc Norton CEO /President Florida Veterans Memorial Foundation J 1Q_� A141a1 Exhibit A Exhibit B Proposed Parking Lot Location Pro I osed Memorial Location ...1 i - ....) 0 Gulf toB59iBITcl 0 GulfSo—Bay A BI - - 04.21MIUMII.,