HomeMy WebLinkAbout2005-03-08; City Council; 18006; Revised Gift Agreement Donation of Electric Cart1
AB# 18,006
MTG 03/08/2005
DEPT. Recreation
CITY OF CARLSBAD -- AGENDA BILL - TITLE:
REVISED GIFT AGREEMENT
FOR DONATION OF ELECTRIC CART
CITY MGR~
RECOMMENDED ACTION:
Adopt Resolution No. accepting revised Gift Agreement for donation of $4,420 to
be applied towards the purchase of a Yamaha G-22EL electric cart for Leo Carrillo Ranch
Historic Park.
*OEi-058
ITEM EXPLANATION:
On January 18, 2005, the City Council accepted a donation from the Friends of Carrillo Ranch,
Inc. in the amount of $4,420, to be applied towards the purchase of a Yamaha G-22EL electric
cart for Leo Carrillo Ranch Historic Park (Exhibit 2).
As part of the process to develop a mutually acceptable gift agreement, multiple working copies
of the form were exchanged between City staff and the Friends of Carrillo Ranch, Inc. However,
the Gift Agreement that was attached to AB #2005-014 failed to indemnify the Board of Directors
as individuals with respect to the donation for, purchase and use of the electric cart.
Consequently, at the request of the Friends, the attached revised agreement includes mutually
acceptable language and will supersede the previous version as accepted by Council on January
18, 2005.
FISCAL IMPACT:
None
EXHIBITS:
1. Resolution No. 2005-058 accepting revised Gift Agreement of $4,420 from the
Friends of Carrillo Ranch, Inc.
2. Gift Agreement: Donation to the City of Carlsbad (previously accepted version)
3. Gift Agreement: Donation to the City of Carlsbad (corrected version)
DEPARTMENT CONTACT: Mick Calarco, (760) 476-1 042, email: mcala@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A REVISED GIFT AGREEMENT FOR
DONATION OF ELECTRIC CART.
WHEREAS, the City Council wishes to accept the revised Gift Agreement, and
WHEREAS, the City Council wishes to acknowledge the generosity and support of
contributors; Friends of Carrillo Ranch, Inc.; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the City Council does hereby accept the revised Gift Agreement
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on
the 8th day of March 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Packard, Sigaf oose
-NOES: None
ATTEST
GIFT AGREEMENT: DONATION TO THE CITY OF CARLSBAD.
The purpose of this document is to provide a record of donations and contributions of artifacts and memorabilia, including personal and/or intellectual property, to the City of Carlsbad. Carrillo Ranch Trust.
Name@) of Donor(s): Friends of Camllo Ranch
Address: 2622 El Aruila Lane
City/State: Carlsbal CA 92009
Telephone: 760/'+38-1666 Fax:
~~~il: friends of carr ill oranc Wyah 00. c om
Description of Propetty(attach additional sheet if necessary):
Monetary donation of: $ 4p 420
I (we) give, transfer, convey and assign this property, free and clear of all encumbrances, liens andlor litigation, to the City of Carlsbad, Leo Carrillo Ranch Historic Park for Its use and benefit, without restriction. I (we) relinquish for myself (ourselves), my (our) executors, administrators.
heirs and assigns, all ownership, rights (including copyright, trademark and related interests),
title, and possession, to the City of Carlsbad absolutely.
By accepting this donation, the City of Carlsbad agrees to indemnify and hold harmless the
Friends of Cam110 Ranch for their donation of $ 4 B 420 00 to be used for the procurement of 1 golf carts for use at Carrillo Ranch, The Ci agrees to indemnify and hold harmless the Friends of Carrillo Ranch for any acts or Occurrences arising out of their use and operation.
I (we) understand that this document is a public record under Section 6252 of the California
Government Code and is available to the public upon request. I (we) have no objections to my
(our) name(s) appearing as donor(@ in connection with this gifl in museum records, publications and other descriptions.
I (we) understand that it is my (our) responsibility to have an appraisal of the donated property made for tax purposes and that no appraisals will be performed by staff of the City of Carlsbad.
Donor(s) Signature: A Alan K Kindle, President
Date: 1.2/17/04 /-
I accept this donation into the Carrillo Ranch Trust on behalf of the Ci of Carlsbad in accordance with Section 37354 of the California Government Code, and Section 2.36.090 of the Carlsbad Municipal Code.
Signature:
EXHIBIT 2
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&de. &I &ctlori 2.36.090 of the
EXHIBIT 3