HomeMy WebLinkAbout2012-01-09-Resolutions 12-17_Ori Bequest AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-17
RESOLUTION APPROVING AN AGREEMENT CONCERNING A BEQUEST FROM
THE ESTATE OF HIRAM ORI FOR THE BENEFIT OF THE WAUKEE PUBLIC
LIBRARY AS PROVIDED IN SAID AGREEMENT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,Hiram Ori grew up in the Shuler Mining Community near Waukee and worked as
a miner,served in the U.S.army in World War IT and Korea and passed away in October 2010;
AND,
WHEREAS,the Ori Estate has made a bequest to the Waukee Public Library for the
construction of a meeting room or for the naming of an existing meeting room.The room shall
be named the "Coal Mine Meeting Room"and the gift memorialized by an appropriate plaque
and a photo of Hiram's parents,if available,Ernest and Casimira Ori;AND,
WHEREAS,the bequest to the Waukee Public Library is substantial,of approximately
$700,000.00,enabling the library to explore the construction of an addition to the library which
may also afford space which can be used to display artifacts and historical items reflecting the
history of the Shuler mining community,its immigrant miners,and local history,to honor Ins
parents and the other miners as more particularly set forth in this agreement;AND,
WHEREAS,the Library Board of Trustees has previously approved the form of the agreement
and the same is to be submitted for their final consideration at their next available meeting.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Waukee on this
9th day of January,2012,that the Gift Agreement attached hereto as Exhibit A is approved,
subj ect to the approval by all other parties to the agreement.
BE IT FURTHRR RRSOLVED that upon approval by all parties to the agreement,the Mayor
is hereby authorized to execute said Agreement on behalf of the City and the City Staff is
directed to proceed in accordance with the Agreement.
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Shelly Hughes X
Mike Watts X
EXHIBIT A
AGREEMENT PERTAINING TO BEQUEST
This Agreement is entered into as of the 'H1\day of 'I41lu.a~,2012 by,between
and among The Estate of Hiram Ori ("The Ori Estate"),The Waukee bllc Library Foundation
("the Library Foundation")the Waukee Library Board of Trustees ("Trustees")and the City of
Waukee (the "City").
WHEREAS,Hiram Ori grew up in the Shuler Mining Community near Waukee and worked as a
miner,served in the U.S,army in World War II and Korea and passed away in October 2010;
and
WHEREAS,the Ori Estate has made a bequest to the Library for the construction of a meeting
room or for the naming of an existing meeting room.The room shall be named the "Coal Mine
Meeting Room"and the gift memorialized by an appropriate plaque and a photo of Hiram's
parents,if available,Ernest and Casimira Ori;and
WHEREAS,the bequest to the Library is SUbstantial,of approximately $700,000.00,enabling
the library to explore the construction of an addition to the library which may also afford space
which can be used to display artifacts and historical items reflecting the history of the Shuler
mining community,its immigrant miners,and local history,to honor his parents and the other
miners as more particularly set forth in this agreement;and
NOW,THEREFORE based upon the performance of the covenants and satisfaction of the
conditions set forth in this Agreement:
I.The Ori Estate shall contribute a sum of $600,000.00 to the Waukee Public Library
Foundation upon signing of this Agreement.Upon the closing of the Estate and.the
ascertainment of the additional amount due to the Foundation,said amount shall be paid
less the sum of $1 0,000.00 to be held as a deposit against future unknown contingencies
for a period of up to ninety (90)days.The remaining amount due shall then be paid to
the Waukee Library Foundation,all in accordance with the final accounting of the Estate
of Hiram Ori,Deceased,which will be supplied to the Foundation,The Foundation shall
supply appropriate Tax ill numbers,routing numbers,and the like sufficient to permit the
wire transfer of these funds to the said Foundation.All of these payments shall be
conditioned on the following paragraph 2.
Tho parties to this agreement understand that the Library Foundation is a nonprofit fund
raising entity organized and existing for the advancement of the mission of the Waukee
PublicLibrary,and has no full time administrator or staff.The Waukee Public Library is
operated and governed by the Trustees pursuant to Iowa Law.It is understood and agreed
that upon receipt of the funds,the Foundation will pay OVersaid funds to the Trustees,to
effectuate the terms of this agreement.
2.As a condition of the bequest,a meeting room at the library shall be named in honor of
the bequest.There shall be a plaque recognizing The Ori Estate to be placed proximal to
a meeting room.The plaque shall be at a minimum 18 inches by 24 inches and shan
contain the following language "This Library acknowledges a gift in loving memory of
Ernest and Casimira Ori,former residents of Waukee,Iowa,in whose honor a gift for this
meeting room was made."The plaque shall contain a photograph of Em est and Casimira
Ori,if available.The meeting room shall be named "The Coal Mine Meeting Room".
3.The Trustees,in honor of Hiram Ori and his parents,will diligently explore the feasibility
of constructing an addition to the existing library utilizing all or a portion of the funds
bequested herein.If the Trustees determine that such an addition is feasible within the
next two (2)years funded by all or a portion of the gifted funds herein,a planning
committee will be formed to guide the process as follows:
a)The desigo plan review,guidance and approval shall be undertaken
by a committee consisting of Richard Ori or his designee,
President of the Trustees,a representative of the Library
Foundation,a City Council representative,the City Administrator,
a second member of the Trustees and the Library Director.In the
event that a party is unable to participate in the process the
committee shall proceed in their absence.The committee shall
endeavor to include a meeting room in the design while at the same
time addressing space considerations in furtherance of promoting
the library's primary purpose.
b)The City shall obtain a firm quote for the desigo of the Addition
and preparation of buildable plans for the Addition.The Architect
shall prepare plans and specifications for the Addition (the "Design
Plans").The Design Plans for the Addition shall be acceptable to
the Trustees and the City and the total cost of any such addition,
including architectural,design and planning costs,shall not exceed
90%of the bequest amouut.
c)Upon production of buildable design plans,bids shall be requested
in the manner required by law and in the event that bids received
under Iowa Law,plus any and all costs expended in pursuit of said
addition,are less than 90%of the total bequest made hereunder,
said addition project may proceed upon the approval of the
Trustees.
4.The Trustees shall maintain the Addition and shall control all aspects of the components
and their use by library patrons,in their sole discretion.
5.Nothing herein shall be construed as a commitment to utilize City or Library funds from
sources other than this bequest in the pursuit of the foregoing,although nothing contained
herein shall prevent the use of City or Library funds for the purpose of funding this
addition should same be determined to be reasonable and proper.It is not a requirement
of the bequest that any or all of said funds be expended for the foregoing purposes except
for the condition stated in paragraph 2 hereof,however,the Foundation,the Trustees,and
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the City hereby represent to the Ori Family that they will undertake good faith attempts to
accomplish the spirit and the intent of this bequest as reflected in this Agreement.
CITY OF WAUKEE~~,&pk
Print Title:Mayor
WAUKEE LIBRARY BOARD OF TRUSTEES
THE WAUKEE LIBRARY FOUNDATION
By:__:L~~
Print Name:/-I-Gt-E,wi
Print Title:_-r:-r~S'-U<L.SL-'-l---'='T--""--L-0i.F(9 U ''7c1a-h 0'n
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