HomeMy WebLinkAbout2000 Boardwalk AgreementJOINT PROJECT AGREEMENT
This agreement entered into this 4th day of December, 2000, between the CITY
OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and THE
ROTARY CLUB OF SEBASTIAN, INC., (hereinafter called "ROTARY"), provides that
WHEREAS, CITY owns certain land along the riverfront of the Indian River
Lagoon lying slightly north of the Main Street Pier (hereinatSer called the "PROPERTY"),
as more particularly set forth in Exhibit "A"; and
WHEREAS, ROTARY approached CITY with the idea of a cooperative public
service project to build and maintain a boardwalk extending from the Sebastian Riverwalk
across the PROPERTY and into the Lagoon (hereinafter called the "PROJECT"); and
WHEREAS, the CITY has obtained the necessary permits to construct the
PROJECT, and
WHEREAS, ROTARY and CITY desire that ROTARY have the status of a
"sponsor" of the PROJECT, and the parties hereby set forth the obligations and privileges
inherent in said sponsorship;
THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and
promises provided herein, the sufficiency of which is hereby acknowledged by the parties,
it is agreed:
1. CITY shall cause the PROJECT to be constructed upon the PROPERTY
in compliance with applicable permit approvals.
2. ROTARY shall provide volunteer labor in site preparation, as well as
woodwork and other enhancements to the PROJECT.
3. ROTARY shall contribute a minimum of $5000 towards construction of
the PROJECT in cash and in-kind donations of labor.
4. Upon inspection and notification by the CITY, ROTARY shall provide
maintenance and upkeep of the PROPERTY and PROJECT, including replacement of
decking as needed.
5. ROTARY shall have the right to sell commemorative nameplates up to 4"
by 4" in size to attach to the planks of the decking. One-third of the funds derived from
said sales shall be held in a specific fund to be established by ROTARY for maintenance
purposes. It shall be a provision of said fund that upon termination or lapse of the
ROTARY sponsorship, any funds in said account shall revert to the CITY to be dedicated
to continued maintenance of the PROJECT.
6. So long as ROTARY maintains its sponsorship in accordance with this
Agreement, the PROJECT shall be named "CITY OF SEBASTIAN ROTARY
BOARDWALK", and the same shall be reflected in signage at the site. Further, during
public events in the vicinity of the PROPERTY, such as parades or street parties,
ROTARY shall have the right to set up a booth or other base of operation at the
PROPERTY, provided that any fund-raising thereupon shall inure to the benefit of the
above-mentioned fund.
7. The initial term of this Agreement shall be for ten years from the date
hereof, and thereatSer shall continue on an automatic annual renewal unless and until either
party gives notice at least s'mty days prior to the end of a term of its intent to allow the
Agreement to lapse. Notwithstanding said term, either party may terminate this Agreement
afrer the initial five years by giving six months written notice to the other party.
8. Upon a finding by majority vote of the City Council that ROTARY has
continued to be in default in the performance of its obligations hereunder after thirty days
written notice of said default, the sponsorship hereunder shall be terminated.
9. ROTARY agrees to indemnify, defend and hold CITY harmless from any
and all claims of any nature brought by ROTARY's members or agents in the course of
performing ROTARY's obligations under this Agreement, or from any claims by any
persons arising from the intentional wrongful acts of ROTARY's members or agents
whatsoever arising from the exercise of the privileges and obligations set forth hereunder.
10. CITY agrees to indemnify, defend and hold ROTARY harmless from any
and all claims of any nature brought by CITY's employees or agents in the course of
performing CITY's obligations under this Agreement, or from any claims by any persons
arising from the intentional wrongful acts of CITY's employees or agents whatsoever
arising from the exercise of the privileges and obligations set forth hereunder.
AGREED to on the date first set forth above.
CITY OF SEBASTIAN,
nilipal corporation
Terrence~ '- -R~oore~ City~i~;lanager
City Clerk
(Seal)
THE ROTARY CLUB OF SEBASTIAN
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
LEGAL DESORIpTION
coMMENCING AT THE MD~T ~EST~'RL~ CORNER DF SECTION .~.~; TDV/N~HIP 31
SOUTH, RANGE 38 EAST, IN THE FLEMING GRANT ACCORDING TD .PLATS MAI]E'.
I)Y S~. CARTER, FILED AND DF RECORD IN THE OFFICES OF ~HE CLERKS DF THE.
CIRCUIT COURT DF ~REVARD, ST. LUCIE AND INDIAN RIVER COUNTIES, FLORIDA
AND DESCRIBED AS.FDLLD~S~
COMMENCE AT SAID ~ESTERLY. C~NER' DF" SA~ SECTION ~9 AN~ RUN
44'~1'~B' EAST, 818.81 FEET ALONG THE SD~HVE~T 9DUNDARY DF SECTION
· TO THE CENTERLINE DF RDSELAND RDADj'T~E N~TH 04'4B'D~' ~ST, 5~4.65
FE~T DN SAI~ ~ENTERLINEj THENCE. NORTH 8~ 50'46' EAST, 6444, FEET
~DUTH 00'0~',4' 'EAST ,~5.~ ' ' · . ~[~ , THENCe'
5 ~4EG.OO
FEET TD A POINT ~HICH LIES. 75.00 FEET WEST DF THE. CENTERLZNE
EXISTING .AIRPORT TAX~AYj THENCE NORTH O~*QD'J4' ~EST JDD. OO FEET PARALLEL
TD SAID TAXI,AY CE~ERLINEj THENCE SOUTH 8g'30'46' ~EST, 4E5.00 FEET TD
THE POINT DF
~EDNTAINING 0.97 ACRES, MORE DR LESS.'
Regular City Council Meeting
October 24, 2001
Page Twelve
15. OLD BUSINESS
01.249 A.
City of Sebastian Rotary Boardwalk Sianaoe ['City Manaaer Transmittal 10/5/01. Rauth/
Judah Letter 10/4/01)
Gene Rauth, Rotary Club, stated his letter of October 4th is the presentation.
MOTION by Barczyk/Majcher
"1 move that we approve the Rotary Club change to read the City of Sebastian
Rotary Club Boardwalk."
ROLL CALL:
Mr. Majcher - aye
Mr. Hill - aye
Mr. Coniglio - aye
Mayor Barnes - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
01.191 B.
Renamin,q of Fetlsmere Road ¢Citv Manaeer Transmittal 10/10101. Contest Results.
Petition~
The City Manager stated input was solicited from the citizens via the City newsletter and
submitted petitions and the result is Sebastian Boulevard.
Sal Neglia, Sebastian, concurred with Sebastian Boulevard.
The City Attorney said if Council concurs with the renaming they would adopt a
resolution naming the road within the city limits, Council could authorize a letter to the
County asking them if it could be changed to 1-95, and it could become effective on the
same date as the new area code goes into effect.
MOTION by Hill/Majcher
"1 move to necessitate the appropriate action to rename County Road 512
Fellsmere Road to Sebastian Boulevard and send a letter to County requesting it be
renamed from Interstate 95 to the River."
ROLL CALL:
Mr. Hill - aye
Mr. Coniglio - aye
Mayor Barnes - aye
Mr. Barczyk - aye
Mr. Majcher - aye
MOTION CARRIED 5-0