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.
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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
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