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HomeMy WebLinkAbout1998 IR County Historical Society - Kroegel StatuePAUL KROEGEL STATUE MANAGEMENT AGREEMENT This Management Agreement (hereinafter "Agreement") ia entered into this//~-day of ~-~-~_. , 1998 between the City of Sebastian (hereinafter "City") and the Indian River County Historical Society (hereinafter "Society"): WITNESSETH WHEREAS, the Society funded the creation of the statue with funds from the Tourist Development Council; and WHEREAS, the Society funded the statue to commemorate the life of Sebastian's most famous citizen, Paul Kroegel, first warden of Pelican Island; and WHEREAS, the Society received funding for the statue to enhance cultural amenities in Sebastian; and WHEREAS, the City funded the restoration and enhancement of Riverview Park with funds from the State of Florida; and WHEREAS, the City funded the improvements at Riverview Park to stabilize the shoreline, enhance access, and provide education about the historic and natural character of the area; and WHEREAS, the City is renovating public facilities at Riverview Park to conform to a historic "Fishing Village" theme; and WHEREAS, the statue would complement interpretation about Pelican Island at the site; and WHEREAS, the Society and City share a common interest in highlighting Sebastian's history; and WHEREAS, the City desires to accept the statue and place it on City property; and WHEREAS, the Society agrees to maintain the statue. NOW THEREFORE, the parties hereto, for and in consideration of the statue, agree as follows: 1. 2. 3. The term of this Agreement is continuing in nature. The Society will donate the statue to the City. The Society will install the statue at Riverview Park at a mutually agreed upon location. The City will enhance the statue site with a walkway, benches and landscaping. PAUL KROEGEL STATUE MANAGEMENT AGREEMENT 5. The Society will be responsible for maintaining the statue. The City will be responsible for maintaining the grounds around the statue. The City agrees that it shall hold harmless the Society against any and all claims and liability relating to the maintenance of the statue, and shall indemnify the Society against any claims and liability arising out of any relation created hereby, or by reason of any claims for public liability, for personal injury or death, or for workmen's compensation, resulting from the maintenance of said statue. This agreement may only be amended by written amendment signed by both parties. IN WITNESS thereof, the parties hereto have duly executed this agreement to become effective as the date first written above. CITY OF SEBASTIAN, FLORIDA City Manager INDIAN RIVER COUNTY HISTORICAL SOCIETY ATTEST." Ka~hryn I~ O'Ha;Ioran, CMC/AAE City Clerk (Seal) Approved as to Form and Content Valede Settles, City Attorney