Loading...
PARTNERSHIP AND FUNDING AGREEMENTPARTNERSHIP AND FUNDING AGREEMENT Between THE CITY OF CLEARWATER And TAMPA BAY VETERANS ALLIANCE This Partnership and Funding Agreement ( "Agreement ") made and entered into this 13 day of 11©vuuyt_ ILA , 2015, by and between the City of Clearwater, Florida, a municipal corporation of the State of Florida, hereinafter referred to as "City ", and the Tampa Bay Veterans Alliance, a Florida non - profit corporation, hereinafter referred to as 'TBVA ", (each being referred to individually herein as "Party", and collectively as "Parties "'). WITNESSETH: WHEREAS, TBVA represents a number of Clearwater and Pinellas County residents that support the recognition of United States War Veterans; and WHEREAS, TBVA is desirous of constructing a permanent War Memorial to honor past service members; and WHEREAS, the City has a desire to partner with TBVA to provide a memorial; and WHEREAS, the City owns a parcel of land known as Crest Lake Park, which is centrally located in the City; and WHEREAS, both the City and TBVA agree that this is an ideal location to memorialize our veterans. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. The Protect. The proposed project is contemplated to consist of two phases. Phase 1 is of a memorial plaza constructed of pavers and concrete, donor and recognition walls of appropriate height, American flag and flags for all branches of the service, landscaping and entrance walkways. Phase 11 may consist of the addition of memorial sculptures and plaques recognizing the veterans from World War I through present day. 2. The Design. TBVA provided a conceptional design for the project (Exhibit "A" ). The City used the conceptional design as a basis of the final design (Exhibit "B ") to fit the site and budget requirements for this project. Exhibit "B" shows both phases of the project while Exhibit "C" reflects Phase 1 of the project The project has been designed so that Phase 1 is a stand alone project and is not dependant on the completion of Phase 11. [A04- 01801 /175310/1] 3. Cost and Funding. Through the efforts of TBVA funding for Phase I of $150,000 has been raised and the City has matched that funding according to the Memorandum of Understanding of January 16, 2014 of $150,000 for a total budget for Phase 1 of $300,000. City is designing Phase 1 to fit within these budget parameters. Funding for Phase II is estimated to be $1,000,000 ($500,000 from TBVA and $500,000 match from the City) has yet to be raised. Once TBVA has collected the full Five Hundred Thousand Dollars ($500,000) and remitted it to the City to hold in escrow for the permitting and construction of Phase II, the City will contribute its matching funds in the amount of Five Hundred Thousand Dollars ($500,000). 4. Term. Phase I will be constructed within one year of this agreement and Phase II within five (5) years. Phase 11 will be terminated in its entirety should TBVA fail to raise the Five Hundred Thousand Dollars ($500,000) required for their portion of Phase 11 by two (2) years from the date of this agreement. 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, other than that contemplated in paragraph 8. 5. 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. 6. Project Construction. 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, so that Phase I of the project can be completed by Memorial Day 2016. The Clearwater City Council expressly reserves the right to final review and/or approval of the project, 7. Site Selection. The location for the Project, including a new parking lot to service the Project, has been identified as Crest Lake Park as described in Exhibit "D". 8. Maintenance. The City agrees to provide on-going maintenance including landscape maintenance and the cleaning and sweeping debris removal from the memorial plaza area 9. Use of the Facilities. The City shall retain full control in conducting programs and overseeing the use of the memorial. Any extraordinary use by TBVA must be approved by the City through the special events process. 10. Hold Harmless. To the extent permitted by law and subject to the Florida Statutory limits on the waiver of sovereign immunity, the Parties agree that each will hold the other harmless for the negligent acts of their employees, servants, agents, permitees or program [A04-01801 /175310/1] 2 participants, or for any unsafe conditions that exist as a result of the negligent operation by the Parties within the memorial. The Parties each agree to be responsible for loss or damage to the memorial while used in programs, normal wear and tear excepted Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which either Party is entitled or the extent of any limitation of liability to pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense either Party may have under § 768.28, Florida Statutes, or as consent to be sued by third parties. This provision shall survive expiration or termination of this agreement 11. Assignment. This agreement may not be assigned. Any attempt to assign this agreement, in whole or in part, or any benefits hereunder, shall render this agreement null and void in its entirety, excepting provisions expressly intended to survive expiration or terminatk:tn. 12. Termination. City, in its sole discretion, may terminate this agreement in its entirety should TBVA fail to raise the Five Hundred Thousand Dollars ($500,000) required for their portion of Phase 11 within two (2) years from the date of this agreement. 13. Headings. The headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope of intent of this agreement or any part hereof, or in any way affect the same, or construe, any provision hereof. 14. Notices. Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), when actually received or on the fifth (5th) business day after the day on which such notice is mailed and properly addressed, whichever is earlier. To TBVA: To the Clearwater: Tampa Bay Veterans Alliance 1000 N. Hercules Avenue Clearwater, FL 33765 City of Clearwater 112 S. Osceola Ave. P.O. Box 4748 Clearwater, Florida 33756-4748 Attn: Kevin Dunbar Director of Parks & Recreation Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2015. [A04-01801 /175310/1] 3 SIGNATURE PAGE FOR PARTNERSHIP AND FUNDING AGREEMENT Between THE CITY OF CLEARWATER And TAMPA BAY VETERANS ALLIANCE Countersigned: qeo rte.r\cr Atto5 George N. Cretekos Mayor Appro ed as t form: MJ M. &nit Assistant City Attorney TAMPA BAY VETERANS ALLIANCE By: CITY OF CLEARWATER, FLORIDA By tlY4-kit-44,--6,14KAA-e): William B. Horne II City Manager Attest: Rosemarie Call City Clerk [A04-01801 /175310/1] 4 ■,II, oncrete Ban' :(41" Crushed Shell 452 S.F. 4y- Tremron Pavers o' Sbe.wa Electrie.Ygr Water Fountain I w z z w J 9,403 S.F. American Fla Masonry Block Wall 50' L x 4' Poured Concrete Picture Frame Style 8,695 S.F. = Southern Magnolia Masonry Block Wall 20' L x 4' Military Fla Exhibit "B" 1 FT. Wide Conc. Band in Grass Parking to Mount Wheel Stops Grass Paver Parking Asphalt Parking Lot arks Rules Sign Masonry Block Wall 20' L x 4'14 Statue igase 6' L x 6' W x 4' rig Sponsor Walls RECORD DRAW CS 6" cur 10' wide planter Bismarckia nobilis 8 ft clear trunk Spaced 15' O.C. Planter Bed at grad 6" Ribbon Curb - White Crepe Myrtle Single Stem Spaced 15' O.C. Decorative Sig "CREST LAKE PARK" Ligustru _ i320,10 BoundY _ _ I �t Jill►•► tfelk 446,4*., is Column with Light on top PS. Offset ROW GULF —TO —BAY BOULEVARD aved Conc. Walkway aver Entry Plaza Planter Bed without curb EVI510 CITY OF CLEARWATER, FLORIDA PARKS AND RECREATION DEPARTMENT 100 S. Myrtle Ave. Clearwater, Fl 33756 ®CALL 811 DXaXiXE a,..E '� DXE. F orida Veterans Memorial Plaza CREST LAKE PARK Concept Plan TORO %a, Co Cru r- Band hell Finish 452 S.F. Tremron Pavers 9,403 S.F. American Flag— Poured Concrete Picture Frame Style 8,695 S.F. Military Flag Masonry Block Wall 20' L x 4' H RECORD DRAWINGS Iv n. p L 00001 v�00O0 Sponsor Wall 6" cur 10' wide planter Florida Veterans Memorial Plaza Sig Florida Veterans Memorial Plaza Sig Bismarckia nobilis 8 ft clear trunk Spaced 15' O.C. Planter Bed at grad 6" Ribbon Curb Sig "CREST LAKE PARK" r- zs ROW GULF —TO —BAY BOULEVARD 6 e, MOIL,' MOOT 011000 NM. 0 REVISION CITY OF CLEARWATER, FLORIDA PARKS AND RECREATION DEPARTMENT 100 S. Myrtle Ave. Clearwater, Fl 33756 ®CALL 811 SUNSHINE STATE ONE CALL OF MOO. Exhibit "C" 1 FT. Wide Conc. Band in Grass Parking to Mount Wheel Stops Grass Paver Parking Asphalt Parking Lot arks Rules Sign Park Rules Sign Column with Light on top aved Conc. Walkway aver Entry Plaza Planter Bed without curb Florida Veterans Memorial Plaza CREST LAKE PARK Phase I R S /B /I Net /A es.. I. a 20' fteoze 'm "1 of 1 ors 019 AeH Woda li ) 0 (1 Au El oi 411)(3 0 PArd 0/41110 PAM c. tam • tion'epol irpotuaw pas° '°d „a„ i!q!LixD