Memorandum of Understanding Between the Town of Atherton and Magical Bridge Foundation for the Donation of a Small Format Magical Bridge Playground This Memorandum of Understanding (MOU) is entered into on this [Insert Date], by and between the Town of Atherton (hereinafter referred to as “Town”) and Magical Bridge Foundation (hereinafter referred to as “Magical Bridge”).
1. Purpose
This MOU outlines the responsibilities and commitments of the Town and Magical Bridge for community outreach, design, development, and delivery of a small-format Magical Bridge Playground (the “Project”) at Holbrook Palmer Park.
2. Overview of Responsibilities
Magical Bridge will be responsible for community outreach, design, engineering, construction, and installation of the Project, including all associated costs. The Project will:
• Be fully funded by donations raised by Magical Bridge, with an estimated total cost of $2.2 million.
• Comply with all applicable laws, regulations, and Town approval requirements. • Be donated as a gift to the Town upon completion of construction and acceptance by the Town.
3. Scope of Services by Magical Bridge
Magical Bridge will oversee the following aspects of the Project:
3.1 Design Process
A. Conceptual Design Development: A conceptual design plan has been prepared, reflecting community feedback and priorities.
B. Community Outreach: Magical Bridge – in collaboration with Town, will solicit and conduct public engagement on concept design, insuring feedback is gathered from community members of all ages and abilities.
C. Final Conceptual Plan and Cost Estimate: Magical Bridge will develop and submit a final conceptual design plan – incorporating community feedback, and a detailed cost estimate to the Town for review and approval.
D. Construction Document Development: Upon approval of the conceptual design, Magical Bridge will prepare construction documents for the Project. Construction documents will be submitted for Town review and approval at 30%, 60%, and 90% completion stages, along with updated cost estimates at each stage.
3.2 Project Development
A. Upon final approval of the construction documents, Magical Bridge will proceed with the construction and installation of the Project.
B. Magical Bridge will be responsible for construction and will select and secure all contractors and sub-contractors. The contractor making the improvements shall possess a valid Town business license during period of construction, and shall comply will all Town Municipal Codes and regulations relating to and governing construction within the Town.
3.3 Compliance and Oversight
A. Magical Bridge will ensure the Project complies with all applicable laws, codes, and regulations.
B. The Town will have the right to inspect the Project at any time during development to ensure conformance with the approved construction documents.
4. Town Responsibilities
The Town will review and approve all design submittals, including:
• Final conceptual plan and cost estimate.
• Construction documents at 30%, 60%, and 90% completion stages. • The Town will review and approve the selected construction team to ensure qualifications and compliance with applicable standards.
• The Town will have the right to conduct periodic inspections during construction to confirm alignment with the approved plans.
5. Funding
Magical Bridge will raise all funds necessary for the design, development, and delivery of the Project.
• Donations will be managed by Magical Bridge and used exclusively for the Project. • Magical Bridge will provide proof of funds for the completion of the project prior to the start of construction.
• The Town will not bear any financial responsibility for the Project.
6. Estimated Project Timeline
Magical Bridge and the Town will work collaboratively to establish a detailed timeline for the Project, with the goal of completing the playground by the end of 2025.
Town of Atherton
By: _______________________________
Name:
Title:
Date: _____________________________
Magical Bridge Foundation
By: _______________________________
Name:
Title:
Date: _____________________________