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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