RESOLUTION NO. 26-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A FUNDRAISING AGREEMENT WITH PIERPRIDE, DBA SAN CLEMENTE PIER CONSERVANCY, FOR THE PIER UNDERPASS/ENTRANCE PROJECT, PN 23102 WHEREAS, the City of San Clemente (“City”) is undertaking improvements associated with the Pier Underpass/Entrance Project PN 23102 (“Project”) to enhance pedestrian connectivity, safety, and the aesthetic character of the pier entrance area; and WHEREAS, the organization formerly known as PierPride has rebranded and is doing business as the San Clemente Pier Conservancy (“Conservancy”) and is a nonprofit public benefit corporation dedicated to supporting community enhancements and stewardship of public spaces; and WHEREAS, the Conservancy has expressed its desire to support the Project through private fundraising efforts and has formally pledged a financial contribution toward the Project; and WHEREAS, the Conservancy’s Board has approved a contribution representing approximately twenty-five percent (25%) of the estimated Project cost, as well as the ability to fundraise for additional Project enhancements; and WHEREAS, the City and the Conservancy have negotiated a Fundraising Agreement (“Agreement”) establishing the terms under which the Conservancy may solicit donations and sponsorships for specific Project enhancements, including public art, site furnishings, lighting, and landscape improvements, and related elements; and WHEREAS, the Agreement ensures that the City retains full authority over design, construction, procurement, and maintenance of all Project improvements, and that all improvements shall become the property of the City upon installation; and WHEREAS, the Agreement includes provisions addressing donor recognition, public art standards, intellectual property rights, and a non-precedent clause clarifying that the authorization is specific to this Project.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
SECTION 1. The City Council hereby approves the Fundraising Agreement between the City of San Clemente and the San Clemente Conservancy for the Pier Underpass/Entrance Project, in substantially the form presented, subject to minor, non-substantive revisions approved by the City Manager in consultation with the City Attorney.
SECTION 2. The City Manager is hereby authorized and directed to execute the Agreement on behalf of the City.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-75 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 26-75 Page 2
Attachment 1