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HomeMy WebLinkAbout2008-07-21-Resolutions 08-165_Library Addition - Manders Museum - Gift AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 08-165 RESOLUTION APPROVIJ'~G A GIFT AGREEIVrENT BETWEEN THE STINE FOUNDATION,HAROLD MANDERS,THE WAUKEE BOARD OF TRUSTEES AND THE CITY. IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,Harold Manders grew up in Dallas County,was an outstanding high school baseball player,played professional baseball and later became a community leader;and WHEREAS,the Foundation wishes to make a gift which will be used to reflect the history of Dallas County and Waukee,to honor its citizens and the memory of Mr.Manders as more particularly set forth in the agreement attached as exhibit A ("Agreement");and WHEREAS,Mr.Manders desires to gift unto the City sports memorabilia and historical material he possesses under the terms set forth in the agreement;and WHEREAS,the City of Waukee will privately construct an addition to the Library in which the Manders artifacts will be displayed in accordance with the agreement with funds gifted by the Foundation;and WHEREAS,the Trustees have agreed to cause the private preparation of an the exhibit for the artifacts in preparation for their display in the addition;and WHEREAS,The Waukee Library Board of Trustees have approved the agreement;and WHEREAS,the City Council of the City of Waukee anticipates that the public will benefit from the unique nature of the exhibit and the history that it will offer to those that view the exhibit; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Waukee that the Gift Agreement attached hereto as Exhibit A is approved. BE IT FURTHER RESOLVED that 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 th Agreement. .ooistra,City Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN EXHIBIT A GIFT AGREEMENT This Agreement is entered into as of the 21 st day of July,2008 by,between and among Harold C. Manders ("Manders"),Stine Family Foundation ("the Foundation")the Waukee Library Board of Trustees ("Trustees")and the City of Waukee (the "City"). WHEREAS,Manders grew up in Dallas County,was an outstanding high school baseball player, played professional baseball and later became a community leader;and WHEREAS,the Foundation wishes to make a gift which will be used to reflect the history of Dallas County and Waukee,to honor its citizens and the memory of Manders as more particularly set forth in this agreement;and WHEREAS,Manders desires to gift unto the City sports memorabilia and historical material he possesses ("Artifacts")under the terms set forth in this agreement;and WHEREAS,the City of Waukee will build an addition to the Library in Waukee (the "Addition")with funds provided by the Foundation to the City in which Manders artifacts will be displayed in accordance with this agreement;and WHEREAS,the Trustees will cause the preparation of an the exhibit for the artifacts III preparation for their display in the addition.)NOW,THEREFORE based upon the performance of the covenants and satisfaction of the conditions set forth in this Agreement: 1.The Foundation shall contribute up to $150,000 to the City of Waukee for the construction of the addition conditioned upon the private construction of said addition as follows: a)The City shall obtain a firm quote for the design of the addition and preparation of buildable plans for the addition.The architect for the Addition shall be FER Associates (the "Architect").The Architect shall prepare plans and specifications for the Addition (the "Design Plans").The Design Plans for the Addition shall be acceptable to Manders representative Leonard Griffith or Bob Manders),the Foundation and the City.Upon receipt of the firm Quote the Foundation shall pay unto the City that portion necessary to satisfy quote obtained herein. b)Upon production of buildable design plans,quotes shall be obtained for private construction of the addition in accordance with said design plans and HV AC,electrical,lighting and other tradition physical components consistent with existing library together with media equipment for the replay of the interview of Manders (not to exceed $6,000.00),display cases (including area for the media components)for the exhibit and a security system to be used in the addition.If private construction can be undertaken with the funds remaining after payment of the architectural/design fees,the addition shall be privately constructed by a private contractor selected as set forth below.Upon receipt of the quotes, The Foundation shall contribute the funds remaining of the Gift so as to fully satisfy the quotes obtained herein. c)The design plan review,guidance and approval together with the selection of the private contractor for construction of the addition shall be undertaken by a committee consisting of Leonard Griffith, Bob Manders,Denny Dolmage,Darlene Stanton,Jeff Kooistra, John Gibson and the Library Director.In the event that a party is unable to participate in the process the committee shall proceed in their absence. d)Nothing in this agreement is intended to create an obligation by the city to contribute or use any public funds for the addition,display cases or any other item in furtherance of this agreement.If at anytime,the private donation from the foundation appears to be insufficient to cover the costs of the addition,the city may elect not to proceed and shall refund the balance of the donation remaining after deducting the costs incurred by the city,without limitation, in furtherance of the addition through the date of that determination by the city. 2.The Foundation shall upon execution of this agreement,separately from the gift to the City set forth in paragraph 1,contribute $25,000 to the Waukee Library Board of Trustees to fund the private preparation,design,construction and completion of the display for the Artifacts (the "Exhibit").The exhibit shall consist of story boards that do donated by Manders to the City together with the physical sport memorabilia artifacts such as baseball gloves,hats,uniforms and baseball bats.Said contribution shall be utilized to satisfy all costs associated with the exhibit as follows: a)As part of the exhibit,an interview of Harold Manders will be prepared and recorded in media by Applied Art and shall not exceed $8,112.50. b)The professional design,production and installation of the final exhibit shall be paid from the balance. c)Quotes received for the foregoing work shall be reviewed,considered and approved by the trustees prior to work commencing.The trustees shall approve the exhibit,and each component thereof,prior to final production,placement and installation. d)Nothing in this agreement is intended to create an obligation of the Trustees to contribute or use any public funds for the exhibit,display cases or any other item in furtherance of this agreement.If at anytime,the private donation from the foundation appears to be insufficient to cover the costs of the exhibit,the Trustees may elect not to proceed and refund the remaining balance of the donation to the Foundation after deducting the costs incurred by the Trustees,without limitation,in furtherance of the exhibit through the date of that determination by the Trustees, 3.Upon completion of the exhibit,Manders shall transfer the artifacts to the City and the artifacts shall be the property of the City as an irrevocable and absolute gift to the City. The City agrees to cause the exhibit to be displayed in a portion of the addition for 15 years.The exhibit shall remain substantially unchanged during said fifteen year period, unless otherwise agreed between the City and Bob Manders or Leonard Griffith,except that in the event of Manders death a memorial acceptable to the trustees and Bob Manders or Leonard Griffith shall be added to the exhibit.Thereafter the Trustees,if it still exists,and the City Council shall determine the disposition of the exhibit. 4.The Trustees shall have a grand opening upon the completion of the Addition and receipt by the City of the Manders artifacts with input from the Manders family. 5.It is understood that the Manders Exhibit shall be the primary Exhibit in the Addition but it is also understood that the Exhibit may not require all of the space in the Addition, Therefore,it is understood that additional material may be placed in the Addition as the Library may determine in its reasonable discretion. 6.It is further understood that the Manders Exhihit shall be the primary Exhibit in the Addition. 7.There shall be a plaque recognizing the gift made by the Foundation. 8.The City shall provide liability and casualty insurance for the addition.It is not a requirement of this ayeenlent that the artifacts or exhibit be insured by the City or its agencies but the City may elect to acquire coverage if it desires. 9.The Trustees shall maintain the Exhibit and shall control all aspects of the technological media components and their use by library patrons,in their sole discretion.However,the City or its agencies,including the Waukee Library Board of Trustees,shall not be responsible in any way for any casualty,damage or loss or any other catastrophe of any kind whatsoever nor any resulting inability to carry out the terms of this agreement as a result. STINE FAMILY FOUNDATION I CITY OF WAUKEE By:&#,,4£//J_ Pri/tM1;"filli~ PrintTitle:Mayor WAUKEE LIBRARY BOARD OF TRUSTEES d:\m 11112\ngr~gift~8(,'Z.005.doc -4-