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Exh 8BAGENDA ITEM #8B JANUARY 10, 2005 CITY COMIYIISSION MEETING STAFF REPORT AGENDA ITEM: Agreement with Beaches Area Histor}'cai Society SUBNIITTED BY: Jim Hanson, City DATE: December 17, 2004 BACKGROUND: The City Commission has approved budgeting $25,000 for the construction of a museum in Jacksonville Beach by the Beaches Area . Historical Society. This first $25,000 is to be one of five equal payments totaling $125,000. This corresponds to the request by the Historical Society and the multi-year commitments made by other cities for similar funding. BUDGET: RECONIlVIENDATION: The City of Jacksonville Beach has entered into an agreement with the Historical Society and~it is appropriate for the City of Atlantic Beach to enter into a similar agreement prior to making the first payment. A proposed agreement with the Historical Society has been prepared based upon the Jacksonville Beach document and is attached for the review and approval of the City Commission. The total cost for the Atlantic Beach share of the museum construction will be $125,000. A total of $25,000 is in the current year's budget. Approve the agreement with the Beaches Area Historical Society and authorize the City Manager to execute the agreement on behalf of the City. ATTACIBVIENT: Agreement with Beaches Area Historical Society AGENDA ITEM #8B JANUARY 10, 200 AGREEMENT made and entered into this day of .2004, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation (hereinafter "City"), and BEACHES AREA HISTORICAL SOCIETY, INC., (hereinafter "Historical Societe a Florida corporation. WHEREAS, the Historical Society desires to construct a new museum on land owned by the City of Jacksonville Beach, and, WHEREAS, the City has agreed to provide a financial pledge to be used solely for the construction of the new museum binding. NOW THEREFORE, inconsideration of the mutual covenants as set forth herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is therefore AGREED AS FOLLOWS: 1. Historical Society obligations: a. Operate and maintain the museum with no additional funding from the City. b. Provide equal access to aii citizens. c. Allow the City to utilize the facility for City functions at no cost one time per year. d. Assume the responsibility for all exterior maintenance to the building and grounds. e. Provide general liabgity insurance with limits of no less than Five Hundred Thousand Dollars ($500,00.00) for injuries including death to any one person and subject to the same limits for each person in an amount of not less than One M171ion Dollars ($1,000,000) on account of any one accident. Provide property and casualty insurance fully ensuring the value of the building. The insurance policies required to be provided by the Beaches Area Historical Society under this agreement shall name the City as additional insured (as its interest may appear), and shall be maintained with an insurance carrier authorized to do business in the State of Florida and shall be acceptable to the City. Certificates evidencing such coverage shall provide a fifteen (15) day notice to the City of any cancellation. £ The new museum building is to be constructed on property owned by the City of Jacksonville Beach and a small parcel described as Part of Lot 3 of Block 4, Pablo Beach North, as recorded on Page 7763, Book 296 of the current public records of Duval County, Florida, that is AGENDA ITEM #8B JANUARY 10, 2005 owned by the Historical Society. For the purposes of this agreement the property owned by the Historical Society shall be consolidated with the City of Jacksonv~7le Beach owned property leased by the Historical Society and may not be sold or used in any manner that is in conflict with this agreement. g. City funds shall be used solely for the construction of a new museum building as approved by the City Commission of Atlantic Beach. The Historical Society shall keep detaded records of how all City monies are spent and provide the City with a detailed financial statement outlining how the City funds were spent once the construction of the new museum building is complete, or upon request by the City at any time. Funds not spend solely for the construction for the new museum building will be returned to the City. 2. Athnti . R ach nhli ar;nrn. The City of Atlantic Beach shall annually pay Twenty Five Thousand Dollars ($25,000.00) for five (5) years for the construction of the museum 3. TPrmin~tinn; Either party may terminate this agreement for any violation of the Lease Agreement between the City of Jacksonville Beach and the historical Society dated November 5,1990 as amended on July 21, 2004. 4. Amendments to the Aa_rPPment, No modification, amendment, or alteration of the terms or conditions of this Agreement shall be effective unless contained in a written document . executed by the parties hereto. 5. Notices All notices, demands, or other writings required to be sent as a result of this Agreement, shall be deemed to have been fully sent when in writing and addressed as follows. THE CITY OF ATLANTIC BEACH BEACHES AREA HISTORICAL SOCIETY City Manager President 800 Seminole Road Beaches Area Historical Society Atlantic Beach, FL 32233-5800 P.O. Box.50646 Jacksonville Beach, FL 32240 All notices required; or which may be given hereunder, shall be considered properly given if (1) personally delivered, (2) sent by certified United States mail, return receipt requested. The effective date of such notices shall be date personally delivered or, if sent by mail, the date of the postmark. IN WITNESS WHEREOF, the parties hereto have set their, hands and seals as of the date first above written. CITY OF ATLANTIC BEACH BEACHES AREA HISTORICAL SOCIETY, INC. 2 AGENDA ITEM #8B JAi'YUARY 10, 2005 By James R Hanson, City Manager "CITY" sy Its "HISTORICAL SOCIETY" APPROVED AS TO FORM AND CORRECTNESS: Alan C. Jensen, Esquire City Attorney 3