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AGENDA ITEM # 8D
JANUARY 10, 2011
AGREEMENT REGARDING CONSTRUCTION OPERATION AND MAINTENANCE OF
BEACHES VETERANS MEMORIAL PARK
AGREEMENT made and entered into this day of January, 2011, at Atlantic Beach, Duval
County, Florida, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal
corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and BEACHES
VETERANS MEMORIAL PARK CORPORATION, Atlantic Beach, Florida 32233 (hereinafter
WHEREAS, the City agrees to allow construction of certain facilities on its property on West V
Street for use as a Veterans Memorial Park, and
WHEREAS, it is anticipated that the BVMP will raise funds for future park improvements and/or
additions as well as for maintenance of said park through a variety of measures as described below, and
WHEREAS, any such improvements and/or additions shall be constructed by the City or
contractors working for the City, unless otherwise authorized by the City Manager, and
WHEREAS, the parties are in full and complete agreement to all terms, provisions and conditions
as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and promises as set forth herein,
and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both
parties, it is
AGREED AS FOLLOWS:
1. Beaches Veteran's Memorial Park is a City owned, operated and maintained park where
the City has partnered with various Veteran's Service Organizations as members of the BVMP to provide a
location for a permanent memorial area, designated as the Chaplain's Memorial Garden, and to construct a
permanent pavilion and flag area for ceremonies and community entertainment opportunities. The BVMP
and member organizations will have priority for use of the park facilities for events as noted below.
2. Responsibilities for the operation and maintenance of the Beaches Veterans Memorial Park
shall be performed by the parties as follows:
(a) City: The City shall be responsible for all routine maintenance (e.g., mowing
the park regularly; emptying trash cans, etc.). Once the Chaplains Memorial Garden is constructed, the
BVMP will be responsible for maintenance of the area inside the garden area. The City shall also be
responsible for repairs to park facilities, such as benches, fences, water fountains, and all strictly
recreational features. The park is to be owned and operated by the City with normal hours from
approximately dawn to dusk. Events must be scheduled using the City's existing Special Event process.
Events outside normal hours must be specifically approved by the City Manager. The City will include
information about the park, including location, rules and hours of operation on its website.
(b) The City will control flag operations not associated with Veterans organization
ceremonies, including but not limited to, half masting the flag on days designated by the U.S. Flag Code
or by Presidential or Gubernatorial Proclamation. The City will also be responsible for removing the flag
AGENDA ITEM # 8D
JANUARY 10, 2011
in case of predicted severe weather (e.g., hurricane) and for replacing the flag when necessitated by
deteriorated physical condition.
(c) BVMP The BUMP shall be responsible for the architectural design of the
Chaplain's Memorial Garden and all fixtures tote constructed within. The overall design and plan for
installation of all permanent structures must be approved the City Commission, however approval of
specific items and who installs them will be left to the City Manager and staff. The BVMP may request
the City provide the site engineering and construct the additions using City standard procedures, or with
City Commission concurrence, BVMP may contract directly for installation of memorials, and other
appurtenances, to be placed within the Chaplain's Memorial Garden.
(d) Should the Veterans organizations desire to add the POW -MIA flag to the
National Ensign display, they shall be responsible for the cost of any adjustments or alterations required
to the hoisting mechanism and for replacement of the POW -MIA flag when dictated by weathering.
Display of the POW -MIA flag shall occur only on the days designated by Federal Statute ("National
Defense Authorization Act for Fiscal Year 1998 Public Law 105 -85 ", as may be amended). The current
law includes National POW -MIA Recognition Day, Memorial Day, Armed Forces Day, Flag Day,
Independence Day and Veterans Day.
3. BVMP Corporation The BVMP is expected to raise funds to participate in the
capital improvements related to the Veterans memorial features and to significant items of maintenance
for the park as funds are available. Such items anticipated may include, but are not limited to, re-
sodding, fence replacement and other major maintenance expenses. The BVMP shall be allowed to raise
funds for future improvements and /or additions and maintenance to the Beaches Veterans Memorial Park
property as follows:
(a) Brick sales Installation of memorial or dedication bricks shall be in accordance
with a separate written agreement with the City documenting the area approved for brick installation and
designating responsibilities for maintenance, etc. It is anticipated that there will be various areas in the
Beaches Veterans Memorial Park for which the BVMP can "sell" bricks as memorials or dedications to
veterans or organizations. These bricks may designate names of individuals or businesses, but shall not
include any advertising such as telephone numbers or website addresses.
(b) Other fundraising events on the site Additional events using the flag pavilion
and park are anticipated and encouraged, but they must be approved and coordinated using the City's
Special Event Permit approval process beforehand. The standard Special Event permit fee will be waived
for events sponsored by the BVMP signatory organizations (American Legion Posts 129, 233, and 316;
VFW Post 3270; Fleet Reserve Association Branch 290; and Mayport Chapter of MOAA).
(c) Sponsored donations. The BVMP is encouraged to solicit public and private
donations of funds and sponsorship of particular pieces of the project to support completion of Park
facilities. Sponsored items must conform to City rules with respect to prohibition of commercial
advertising.
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AGENDA ITEM # 8D
JANUARY 10, 2011
4. Other provisions:
(a) The BUMP shall provide to the City the names, email addresses and contact
telephone numbers of all of its officers, as well as an accounting of their revenues, expenses and current
fund balance beginning October 1, 2011 and annually thereafter.
(b) Use of the Park's facilities for service related events such as memorial services,
reunions, etc., shall be on a first come, first served basis, except that requests from the signatory
organizations to the BVMP will have priority for events on National Holidays listed: Armed Forces Day,
Memorial Day, Flag Day, Independence Day, National POW -MIA Recognition Day, and Veterans Day.
(c) Funerals, memorial services and other events by or for individuals, even
members of the various veterans' organizations, must have an approved Special Events Permit and pay
the required processing fee.
5. Either party hereto may terminate this Agreement with thirty (30) days written notice to the
other party, and any such notice shall be mailed to the following addresses:
(a) City of Atlantic Beach, Atm. City Manager
800 Seminole Road
Atlantic Beach, FL 32233
(b) Beaches Veterans Memorial Park Corporation
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first
above written.
CITY OF ATLANTIC BEACH BEACHES VETERANS MEMORIAL
PARK CORPORATION
By
Mike Borno, Mayor
"CITY"
Its
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APPROVED AS TO FORM AND CORRECTNESS:
Alan C. Jensen, Esq.
City Attorney
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