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RESOLUTION NO. 04- O,~'-/
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND APPROVING THE
DONATION AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE AMERICAN LEGION CLUB
OF BOYNTON BEACH, FLORIDA AND AUTHORZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to
)e in the best interests of the citizens and residents of the City of Boynton Beach to approve
Donation Agreement between the City of Boynton Beach and the American Legion Club
Beach, Florida, Inc. for the donation of the monument and plaque dedicated to the
Veterans of World War II at the City's Intracoastal Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
true and correct and are hereby made a specific part of this Resolution upon adoption
Section 2. The City Commission of the City of Boynton Beach, Florida does
authorize and approve the Donation Agreement between the City of Boynton Beach
American Legion Club of Boynton Beach, Florida, Inc., said Agreement is attached
as Exhibit "A".
Section 3. The City Manager and City Clerk are authorized and directed to
said Agreement.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this I "'/ day of February, 2004.
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CITY OF BOYNTON BEACH, FLORIDA
Vice M ay. of 2
Commissione~ ~.~-,...-,-~.; ...-'
C_~Clerk
ICorporate Seal)
DONATION AGREEMENT
THIS IS AN AGREEMENT, entered into on this I "1 day of
2004, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
referred to as "City",
and
AMERICAN LEGION CLUB OF BOYNTON,
FLORIDA, INC., a Florida not-for-profit corporation,
located at 571 West Ocean Avenue, Boynton Beach,
Florida, hereinafter "Donor."
WHEREAS, the Boynton Beach Veterans Council, through the American Legion Club
of Boynton, Florida, Inc., a/k/a American Legion Post 164, desires to place a monument and a 24" X
28" dedication plaque recognizing the Submarine Veterans of World War II at the City's Intracoastal
Park in the Veterans section of the Park; and
WHEREAS, the addition of the monument and plaque will serve to enhance and
beautify the Park, while recognizing the heroic actions and sacrifices of World War II Submarine
Sailors; and
WHEREAS, the City Commission of the City of Boynton Beach desires to accept the
donation of the monument and bronze dedication plaque, and finds the donation to be in the best
interests of the citizens and residents of the City of Boynton Beach;
IN CONSIDERATION of the mutual promises and covenants contained herein, and
other good and valuable consideration, the receipt and adequacy of which are acknowledged, the
parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Donation Agreement.
Section 2. Donor donates, gives, grants, transfers, assigns and conveys to the City,
its heirs and assigns, all right, title and interest to, and the City accepts said donation of a Monument
and a 24" X 28" bronze Dedication Plaque honoring World War II Submarine Veterans. Donor shall
be responsible for the design, casting, and installation of the Monument and Plaque, and any and all
costs and expenses associated therewith or in connection with this Donation. The Monument and
Plaque shall be installed before April 15, 2004, 2004, in the location set forth on the Master Plan,
Donation - lntracoastal Park
Rex,, 02/10/04
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attached hereto and incorporated herein as Exhibit "A". The Plaque shall be mounted on a white
stone, and the design and casting shall be consistent with other monuments and plaques already at the
Park. Donor will be utilizing the Matthews Company to design and cast the Monument and Plaque,
and agrees that such Monument and Plaque design shall be first approved by the City Manager of City
prior to any casting and installation. Donor has represented that the proposed design of the Plaque will
be in a form substantially similar to that set forth in the attached Exhibit "B". The Monument and
Plaque shall be installed by Donor within the time provided in this Agreement and after such time and
date for installation having been coordinated with the City's Parks Director to avoid conflicts with
Park activities and events.
Section 3. Donor acknowledges and assures that it has full authority to donate,
give, grant, transfer, assign and convey all right, title and interest in the Monument and Plaque to City.
Donor further acknowledges that City has the right and full discretion to determine what items,
including monuments, plaques, and the content thereon are to be permanently affixed on, at, over, or in
Park property.
Section 4. No logos or advertisements of any kind, commercial in nature or
otherwise, shall be permitted on the Monument or Plaque except as otherwise agreed to by the City.
Section 5. The City will work with Donor to coordinate the installation of the
Monument and Plaque. The City agrees to maintain the landscaping and grass around the Monument
for as long as the Monument and Plaque remain at the designated location at Intracoastal Park..
Section 6. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
WITNESSES:
CITY OF BOYNTON BEACH
By ~:~z~--~
City Manager
(CORPORATE SEAL)
Approved as to Form:
Donation - Intracoastal Park
Rev. 02/I 0/04
ATTEST:
WITNESSES:
AMERICAN LEGION CLUB OF BOYNTON,
FLORIDA, INC.
(CORPORATE SEAL)
President
STATE OF FLORIDA:
COUNTY OF BROWARD:
The foregoing instrument was acknowledged before me this
/2~ dct.~, onc £ebr o~ar~/ ,2004, by/d?~ [[;4r4 ~[,~_s and ~-~/1'~__ ,~[/dd~ ,
as President and Secrettary, respectively, of the AMERICAN LEGION CLUB OF BOYNTON,
FLORIDA, INC., a Florida not-for-profit corporation, on behalf of the Association..Th_~/he/she ~e/is
as
pe__rsonally known to me or have/has produced
identification and did not (4i4) take an oath.
(SEAL)
Notary Public, State of Florida
(Signature of Notary taking
Acknowledgment)
Name of Notary Typed, Printed
Or Stamped
My Commission ~[~. MY COMMISSION # CC 913630 Il
Jl=:~i~ EXPIRES: February 24, 2004 ~[
Commission Number
H51990x900182.bb~agmt\Donation - Monument.doc
Donation - Inlracoastal Park
Rev. 02/10/04
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