AGREEMENT BETWEEN THE CITY OF FORTUNA AND THE
HUMBOLDT SKATEPARK COLLECTIVE
THIS AGREEMENT (this “Agreement”) is entered into on this day, _______________, by and between the CITY OF FORTUNA (hereinafter referred to as “CITY”) and the HUMBOLDT SKATEPARK COLLECTIVE, a federally recognized 501(c)(3) non-profit organization (hereinafter referred to as “COLLECTIVE”), for the FORTUNA SKATE PARK.
RECITALS
A. The CITY owns real property located at Newburg Park and has consented to enter into this Agreement for the sole purpose of allowing COLLECTIVE to develop a proposal for the design and potential construction of a Skate Park in Newburg[SE1] Park’s Bike Park area, as more specifically described in Exhibit A ((hereinafter referred to as “CITY PROPERTY”).
B. The COLLECTIVE, as a public service to the citizens of Fortuna, wishes to assist in the potential project including assistance with the development, financing, preliminary design, and planning for said Skate Park.
AGREEMENT
THEREFORE, IT IS AGREED:
1. For a period of thirty-six (36) months from the date hereof, CITY hereby grants to COLLECTIVE the right to enter upon the CITY PROPERTY for the limited purposes and on the terms and conditions stated in the Agreement. The COLLECTIVE has the option to extend the agreement an additional six (6) months if needed, and if said need is communicated, it shall be requested in-writing within six (6) months of the expiration of the original thirty-six (36) month period, Further agreements for construction and conveyance that meet state contract and prevailing wage laws will be required before any project is authorized or any construction can commence. The CITY is not obligated to proceed with any project, and makes no commitment to do so by the method of this Agreement, and reserves the right to terminate this agreement at any time.
2. COLLECTIVE shall work to develop a Skate Park engineering design and submit said design to the CITY for approval of the final design at the CITY’s sole and absolute discretion.
COLLECTIVE shall further seek financing for the construction based on grants, charitable donations, and other sources for submission to the CITY. In considering the final design and whether to sponsor and approve the design, it is at the CITY’s sole and absolute discretion that construction of a Skate park, measuring approximately 30,000 square feet on CITY PROPERTY, be intended for use by the public and the community.
3. During the thirty-six (36) month term of this Agreement the COLLECTIVE shall:
3.1 Seek and demonstrate to the CITY sufficient financing and committed supplies and services from businesses to cover the entire costs of the engineering design, development, inspection, construction, maintenance and administration of the Skate Park, except as noted below. No work of construction shall be commenced unless and until the CITY, in its sole and absolute discretion, approves the final design, agrees to sponsor a project, and the COLLECTIVE demonstrates sufficient and secure financing for all aspects of design, and permitting for construction of the Skate Park.
3.2 Cause the preparation of plans and specifications suitable for the design of the Skate Park at its sole cost and expense.
3.3 If approved by the CITY, cause to be obtained all necessary permits and approvals for the construction of the Skatepark as required by law, expressly including, without limitation, review and analysis under the California Environmental Quality Act (CEQA; California Public Resources Code Section 21000, et seq.). The parties acknowledge that before the CITY approves the construction of the Skatepark, the CITY will need to complete CEQA assessment, including without limitation a determination as to whether the project is exempt from CEQA; if not exempt, a preliminary analysis to determine whether an environmental impact report or negative declaration is required; and preparation of an environmental impact report or negative declaration.
4. COLLECTIVE shall submit a progress report to the CITY quarterly. Said progress report shall include the following information:
A. Summary of current fundraising efforts;
B. Summary of current funds raised to date; and
C. Summary of grant application status.
5. COLLECTIVE shall consult with CITY representatives during the design phase, and the plans and specifications for the construction shall be subject to the CITY’s written approval, in the CITY’s sole and absolute discretion, before the plans and specifications are submitted to the CITY for consideration.
6. COLLECTIVE shall hold harmless, indemnify and defend CITY, its officers, agents, employees, and managers from and against any and all claims, liabilities, demands, costs, and contracts of any nature arising out of, resulting from or in any way related to the activities under this Agreement. This obligation shall survive the delivery of the project to the CITY.
CITY OF FORTUNA
___________________________________________________________ Date___________________ Merritt Perry, City Manager- City of Fortuna
HUMBOLDT SKATE PARK COLLECTIVE
___________________________________________________________ Date____________________ Charles E. Caldwell II, Director- Humboldt Skatepark Collective ___________________________________________________________ Date____________________ Stacy Mintey Travis Gall, Secretary- Humboldt Skatepark Collective