Exh 8A AGENDA ITEM #8A
NOVEMBER 24, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Skate Park Fundraising
SUBMITTED BY: Jim Hanson; Cit Mana
DATE: November 12, 2003
BACKGROUND: The Oceanside Rotazy Club made a presentation to the City Commission
on September 8~ 2003 offering to raise. $50,000 for the construction of a
skate pazk. In exchange, the Club wanted to receive recognition for the
pazk and. assurance that the City would assume all liability: The
Commission concurred with the proposal and authorized staffto plan the'
fundraising project with the Rotary Club..
An agreement was prepazed by the City Attorney between Atlantic Beach
and the Oceanside Rotary Club for this fundraising effort, which has since
been approved by the Rotary. It basically states that the Rotary Club will
iaise $50,000 for use in the design and construction of the skate pazk to be
located in Jack Russell Park and that these funds will be delivered to the
City by November 30; 2004. The City will publicly recognize the Rotary
Club for their efforts by naming the skate park "Oceanside Skate Park"
with an appropriate plaque and the Rotary Crest to be erected adjacent to
or on the. facility. A copy of the agreement is attached.
BUDGET: The last estimate from the City's engineer for the cost of construction of
tbe skate pazk is $160,000. The City currently has budgeted $75,000 for
the project and a grant application has been made to the State for SO% of
the construction costs. A fmal decision. from the State on their funding is
not expected until June of 2004.
RECOMMENDATION:. Authorize the Mayor and City Clerk to execute the contract with the
Oceanside Rotary Club on behalf of the City.
ATTACHMENT: Proposed Agreement between the City of Atlantic Beach and Oceanside
Rotary Club.
AGENDA ITEM #8A
NOVEMBER 24, 2003
AGREEMENT
AGREEMENT made and entered into this day of October, 2003, by and
between THE CITY OF ATLANTIC BEACH .(".CITY), a Florida municipal
.corporation, .800 Seminole Road, Atlantic Beach, FL 32233, and Oceanside Rotary
Club ("ROTARY"),.
WHEREAS, the CITY is in the process of designing and building a<st~a8epto
be located inJack Russell Park in the CITY, and
WHEREAS, as a part of its community. involvement, ROTARY desires to raise
$50,000.00 to contribute to the. expenses of designing and building said skatepark, and
WHEREAS, the CITY desires. to recognize the efforts and contributions of
.ROTARY in providing this assistance to the. successful completion of the skatepark.
NOW THEREFORE, in ,consideration:of the mutual covenants .and
.agreements as set forth herein, and other valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties hereto, it is therefore
AGREED as follows:
1. ROTARY shall -immediately begin a fundraising campaign to raise
$50,000.00 and contribute said amount to the CITY for use. in the design and building of
the CITY's skatepark to be located in Jack Russell Pazk.
AGENDA ITEM #8A
NOVEMBER 24, 2003
2. ROTARY's fundraising campaign. shall extend through June 30, 2004,
and all funds must be delivered to the CITY. by November 30, 2004, in order to provide
ROTARY with additional. time for internal fundraising ,efforts, if necessary, following
completion of the public: campaign on June 30, 2004.
3. Upon .delivery of said funds to the, CITY 'in 'full, :ROTARY shall be
.recognized .publicly for. its efforts, including naming the skatepazk "Oceanside Skate
Park", with an appropriately placed plaque at the park, with the ROTARY crest, to be
installed by the CITY. All contributors who donate $100.00 or more through the efforts
of ROTARY shall also be publicly recognized by plaque or other mutually agreed upon
method to beaocated at the pazk.
4. .Attached hereto is a copy of F1a.Stat.§316.0085,. which addresses CITY's
liability for those. who eventually: use the skatepark. CITY. agrees that ROTARY shall
'have no liability whatsoever for those who use the skatepazk, in that ROTARY's sole
function ,is fundraising to contribute to the expenses of designing and building the
skatepazk The CITY shall therefore indemnify: and hold harmless ROTARY from any
and aII liability, defense costs, including attorney fees, loss or damage which ROTARY
may suffer as a_result of clauns, demands,' costs or judgment against it, arising from any
use. of the skatepazk by any person(s) whatsoever.
2.