HomeMy WebLinkAbout2017-01-24; City Council; ; Approve a resolution accepting a donation of $6,000 and a pledge of an additional $9, 000 from the Carlsbad Library & Arts Foundation on behalf of the Seligman Family� CITY COUNCIL
� Staff Report
CARevi�
Meeting Date:
To:
From:
Staff Contact:
Subject:
Jan.24,2017
Mayor and City Council vV Kevin Crawford, City Manage�
Heather Pizzuto, Library Director
heather.pizzuto@carlsbadca.gov or 760-602-2056
Adopt a Resolution accepting a donation of $6,000 and a pledge of an
additional $9,000 from the Carlsbad Library & Arts Foundation on behalf
of the Seligman Family.
Recommended Action
Adopt a Resolution accepting a $6,000 donation and a pledge of an additional $9,000 from the
Carlsbad Library & Arts Foundation on behalf of the Seligman Family.
Executive Summary
Susan and Richard Seligman and family have offered a donation, to be recognized with the
naming of the courtyard tree scape at the Carlsbad City Library, 1775 Dove Lane ("Dove
Library"). In accordance with naming opportunities approved by the City Council on Feb. 9,
2016, the Seligman Family has tendered a portion of the pledged donation to the Carlsbad
Library & Arts Foundation to be directed to the City of Carlsbad for the naming of the courtyard
tree scape. The proposed name would read "In loving memory of Dona Z. and Melvin M.
Meilach." This $6,000 donation represents the first portion of a pledged donation of $15,000.
An agreement has been executed between the City of Carlsbad and the Seligman Family for the
associated naming.
Discussion
On Aug. 19, 2014, the City Council adopted Resolution 2014-201, approving additional
improvements to the Dove Library and appropriating $2,930,479 for CIP Project No. 4030. At
that time, staff identified potential cost recovery opportunities resulting from these
improvements. Revenue generated from cost recovery efforts would help offset a portion of
the project costs. One proposed strategy was to create additional naming opportunities for
improved spaces that would aide in the receipt of community contributions.
City Council Policy 48 addresses naming rights of parks and municipal facilities (Exhibit 2). The
policy specifies that naming opportunities and associated gift levels be established prior to
soliciting gifts and offering naming opportunities to prospective donors. All naming
opportunities require individual City Council approval and establishment of an agreement with
a donor. Upon receipt of a specific donation offer, the department is responsible for seeking
Library Board of Trustees support and City Council approval before an agreement is executed
for that naming. The policy also allows city-recognized support organizations to fund raise on
behalf of the city.
Item #2 January 24, 2017 Page 1 of 26
On Feb. 9, 2016, the City Council adopted Resolution 2016-032 approving naming opportunities
for the Carlsbad City Library, after the Library & Cultural Arts Department engaged the firm
Giving Design Group, Inc. to provide recommended naming opportunities and gift levels for City
Council's consideration (Exhibit 3}, and the Library Board supported their approval at its Dec.
16, 2015 meeting.
In May 2016, Susan and Richard Seligman and family offered a donation of $15,000 to the
Carlsbad Library & Arts Foundation to be recognized with the naming of the courtyard tree
scape. The proposed gift is being presented as a financial contribution equal to the value
established for the space as approved by City Council. The duration of the naming is proposed
to be for the life of the building. The Foundation indicated its support of this naming request in
a letter dated May 26, 2016 (Exhibit 4).
On Jun. 7, 2016, City Council adopted Resolution 2016-100 approving the naming of the
courtyard tree scape at the Carlsbad City Library, contingent upon the execution of an
agreement and authorizing the city manager to execute the agreement for the naming. On Jan.
10, 2017 an agreement was executed with the Seligman Family (Exhibit 5).
Fiscal Analysis
All monetary donations received as a result of community contributions associated with naming
opportunities will be directed to the city's general fund to help offset the costs of the Dove
Library improvements, per the terms of the agreement (Exhibit 5). The agreement includes
parameters for fulfilling the donation pledge. The amount pledged for the naming request is
$15,000.
Next Steps
Per the agreement executed with the Seligman Family, the City will install sign age
acknowledging the naming of the Dove Library courtyard tree scape.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
None Required
Exhibits
1.Resolution approving acceptance of $6,000 donation and a pledge of an additional $9,000
from the Carlsbad Library & Arts Foundation on behalf of the Seligman Family.
2.City Council Policy 48 addressing naming rights of parks and municipal facilities.
3.Resolution 2016-032 approving naming opportunities for the Carlsbad City Library.
4.Letter from Carlsbad Library & Arts Foundation indicating support of naming request.
5.Agreement between City of Carlsbad and the Seligman Family for courtyard naming.•
Item #2 January 24, 2017 Page 2 of 26
(�i> CITY OF --�� CARLSBAD
Policy No.
Date Issued:
L )<' I {EiXg[f3]i-T 2-:
48
March 13, 2012
March 13, 2012 Effective Date:
Resolution No.
Cancellation Date:
Supersedes No. 48 issued 1/16/07
Council Policy Statement
Category: NAMING RIGHTS OF PARKS AND MUNICIPAL FACILITIES
Specific Subject: Naming Rights Of Parks, Municipal Facilities, and Amenities Within Those Facilities
PURPOSE:
The purpose of this policy is to:
•
•
•
• ..
Address naming or renaming where an exchange of consideration takes place (naming rights),
and address memorial or honorific naming where there is no financial consideration.
Create and establish criteria and procedures for the naming or renaming of parks, designated
municipal facilities, and amenities within those facilities.
Encourage philanthropic giving while acknowledging public investments and safeguarding
against the unwanted commercialization of the public realm.
Provide guidance on how to apply for approval to name or rename parks, designated municipal
facilities, and amenities within those facilities.
Present a clear and consistent evaluation framework arid approval process for City Council in
considering naming or renaming requests.
BACKGROUND:
The intent of this policy is to:
•Confirm the practice of naming or renaming parks, designated municipal facilities, and amenities
within those facilities, after significant geographical, neighborhood, cultural and historical
elements.•Recognize substantial personal and financial contributions that individuals, groups, or
community organizations have made to the public life and the well-being of the residents of the
city.•Promote the practice of naming or renaming parks to include designated municipal facilities and
amenities within a park or municipal facility.•Create, maintain, and make available a list by department of parks, designated municipal .
facilities, and amenities within those facilities eligible for City Council's consideration of naming ..•Institute a process under which a city-sponsored or city-recognized fundraising support group
may work with staff and the City Council to formally establish conditions (via the agenda bill
process) under which the group may identify and market naming opportunities, and enter into
an agreement with the city under these terrris.•No vested rights shall be conferred or received by any individual, entity, group, or community
organization as a result of this policy.
City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov
20 Item #2 January 24, 2017 Page 4 of 26
'·
Policy No. 48
GRANTING OF RIGHTS
•Naming rights of parks, designated municipal facilities, and amenities within those facilities
usually granted in exchange for a significant financial contribution by an individual, group,
community organization, entity, company, corporation or foundation to the city.
•Memorial or honorific naming of parks, designated municipal facilities, and amenities within
those facilities in memory or honor of outstanding achievement, meritorious service, or
exceptional community involvement on the behalf of an individual, generally without a financial
contribution to the city.
POLICY:
Names of individuals, groups, community organizations, entities, companies, corporations, or
foundations will be considered when they have made a significant contribution to the city by:
• • • •
Enhancing the quality of life and well-being of the city and a majority of its residents .
Contributing to the historical or cultural preservation of the city .
Contributing toward the acquisition, development, or conveyance of land or building to the city . , A direct relationship or association that exists between a former place of residence of the
person and the parks, designated facilities, and amenities within those designated facilities to be
named.
General criteria for naming rights (including memorial or hohorific naming):
•Must be consistent with personal or financial contribution level.•Provides a sense of place, continuity and belonging reflecting the geographic location,
community, neighborhood or street where the park, municipal facility or amenity within the
facility is located.•Recognizes the natural, historical and/or cultural significance of the area.•Reflects the unique characteristics of the site.•Consistent with the mission, vision and values of the city.
Additional criteria for memorial or honorific naming:
Memorial naming is designed to specifically acknowledge deceased individuals, while honorific naming is
intended to recognize living individuals.
Parks, designated municipal facilities and amenities within those facilities may be named in memory or
honor of an individual that has:
Made a significant, positive contribution to the community without which the park, designated
municipal facility, or amenity within those facilities may not have otherwise existed, or;
Made an important contribution that enhanced a park, designated municipal facility, or an
amenity within those facilities in an extraordinary way, and; •Demonstrated continuous and longstanding track record of exemplary public service, or
community volunteerism over a period of 15 or more years.
•Achieved such unique distinction as to warrant recognition;
Page 2 of 5
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Item #2 January 24, 2017 Page 5 of 26
•Had a longstanding and beneficial affiliation with the city, and;•Maintained a continuous residence in the city.
Polity No. 48
•Where the name(s) of an individual(s) is recommended, written consent shall be obtained from
the individual(s) (for honorific naming), their heir(s), or their estate (for memorial naming) prior
to the City Council's public consideration.
In the case of a memorial naming opportunity, the person must be deceased for a minimum of one year
before the proposal will be considered.
If the name proposed is that of an elected official or public employee, they must be retired from public
service to be eligible for consideration.
Where the naming rights opportunity is the result of a financial contribution, the following factors
must be considered:
•The duration of the naming opportunity.•The cost paid to.the city for naming shall be negotiated and established according to a market
value assessment. The naming cost shall be commensurate with the cost of specific
construction, operating, maintenance, and replacement costs of the parks, designated municipal
facilities, and amenities within those facilities to be named.•Market value assessment(a current assessment of the potential property value within the
marketplace of the Naming Rights for a specific park, designated municipal facility and
amenities within those facilities) to be coordinated by the responsible department on an
individual basis.
Renaming:
A proposal to rename or add an additional name to a park, designated municipal facility, and amenities
with those facilities shall adhere to all applicable criteria outlined above. In addition, the following
guidelines shall be followed:
•The review process shall include due consideration and a comprehensive review of all pertinent
documents by city staff. This includes a legal review by the city attorney of information relating
to the original naming and proposed renaming.•When a park, designated municipal facility, and amenities within those facilities has already
been named, and will be replaced, substantially renovated, or developed for another use, the
replaced or renovated park, designated municipal facility, and amenities within those facilities
may be renamed.•When a preexisting name is deemed by the Board, Commission, or city manager to be no longer
befitting.•When in default or the terms of the Naming Agreement have been violated or not fulfilled.•When a park, designated municipal facility, and amenities with thos.e facilities is proposed for
renaming, a reasonable effort will be made to notify in advance the current individual named (or
immediate family members), group, or community organization of the renaming.
Page 3 of 5 Item #2 January 24, 2017 Page 6 of 26
Existing names may not be changed without consideration of:
•Community input.•The historical significance of the existing name.•The impact on the individual or organization previously named.
Policy N?, 48
•The cost and overall effect of changing existing signs, rebuilding community recognition and
updating records (e.g. letterhead, databases, and promotional materials).•The Terms and Conditions of the Naming Agreement.
Names will not be chosen that:
•Cause confusion due to duplication or names sounding similar to existing locations within the
city.•Are the names of companies whose business is substantially derived from the sale of alcohol,
tobacco, firearms, pornography, and sexually explicit goods or services.•Are discriminatory or derogatory considering race, gender, creed, religious or political affiliation,
or other similar factors.•Recognize the birth, marriage or anniversary of specific individuals.
Naming Rights and Memorial or Honorific Naming Agreement:
The terms of naming rights and memorial or honorific naming of parks, designated municipal facilities,
and amenities within those facilities shall be individually negotiated and agreed upon by all parties. The
agreement is-a legal contract between the applicant and the city, and shall contain:
•A description of the contractual relationship, specifying the exact nature of the agreement.•The term of the agreement (specified commencement and termination period). Naming rights
and memorial or honorific naming of parks, designated municipal facilities, and amenities within
those facilities shall never be granted in perpetuity.•Renewal options, if any.•For Naming Rights proposals, market value assessment, including cash, in-kind goods and .
services (and method of evaluating in-kind contributions).•· Payment schedule.•Description of rights and benefits.•Release, indemnification, non-compliance and early termination clauses.·•l,nsurance clauses.
Each naming or renaming rights and memorial or honorific naming or renaming proposal will be
considered on a case-by-case basis, and final approval is at the sole discretion of the City Council.
No vested rights shall be conferred or received by any individual or entity as a result of this policy or any
action taken under this policy.
The City of Carlsbad reserves the right to reject or revoke naming rights and memorial or honorific
naming proposals submitted by individuals, groups, community organizations, companies, corporations
and foundations whose views or public statements do not promote.and support the mission, vision and
values, or best interests of the city.
Page 4 of 5 .·,
"'t� .... . ..,,,..., Item #2 January 24, 2017 Page 7 of 26
Policy No. 48
·Procedure:
•Applicant(s) shall submit a written proposal for naming rights or memorial or honorific naming
to the corresponding department complete with justification to aid in considering the proposal.
It is incumbent upon the applicant to clearly document and illustrate how the proposed name
satisfies the criteria as defined in this policy.•For memorial or honorific naming, the proposal shall include supporting background
information and/or biographical information (newspaper articles, photos, proclamations,
awards, and certificates) demonstrating that the proposed name is of significance to the
community, and be accompanied by at least three, and no more than five, letters of support.•Staff shall thoroughly review the proposal, and then forward it to the department director and
City Manager for a recommendation.•Only if the department director and City Manager determines that all applicable criteria as
required by this policy has been satisfactorily demonstrated and achieved, shall the proposed
name be placed on the Board and/or Commission agenda (if required) for further consideration.
Incomplete or ineligible proposals will be returned to the applicant.•Sufficient time shall be allowed for review by the Board and/or Commission and subcommittee
if required, and to publicize and receive input from the community at the Board and/or
Commission meeting. The Board and/or Commission's recommendation will be forwarded to
the City Council for their final determination of the official name.
City sponsored or city-recognized support group fundraising guidelines:
In the case of city sponsored or city-recognized support groups fundraising on behalf of the City (i.e.
Rotary Club, Friends of the Library and/or Friends of Carrillo Ranch), it is necessary to establish naming
opportunities and gift levels prior to soliciting gifts and offering naming rights to prospective donors.
No final commitment to name a park, designated municipal facility or amenity within those facilities
shall be made to a potential donor without the appropriate prior approvals as outlined within this policy.
The support groups will first establish recommended naming opportunities and gift levels. The
recommended naming opportunities and gift levels will then be submitted to the corresponding
department director for review, and then submitted to the corresponding Board and/or Commission.
The Board and/or Commission's recommendation on the naming opportunities and gift levels will then
be forwarded to the City Council for final approval via the agenda bill process prior to the support group
soliciting donations.
Appeals Process:
•Within 30 calendar days of the denial of a Naming Rights Application by a department
director/City Manager, an applicant(s) may only submit a written request for reconsideration if
the applicant can demonstrate that criteria and documentation were not properly assessed at
the time of the initial department director's review.•The decision of the department director/City Manager may be appealed to the City Council. The
decision of the City Council is final. It is the city's policy to not consider requests for
reconsideration based solely on questions pertaining to the evaluation.
Page 5 of 5 ,-, . l . -J '.A ' ••• ,,l' ~ I Item #2 January 24, 2017 Page 8 of 26
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EXHIBIT 3
RESOLUTION NO. 2016-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING NAMING OPPORTUNITIES
RECOMMENDED FOR THE IMPROVED SPACES AT THE CARLSBAD
CITY LIBRARY, 1775 DOVE LANE ("DOVE LIBRARY").
WHEREAS, the City Council of the City of Carlsbad approved additional improvements to
the Dove Library, with the understanding that naming opportunities for the improved spaces
would be pursued as a cost recovery strategy; and
WHEREAS, City Council Policy 48 specifies that naming opportunities and associated gift
levels be established prior to soliciting gifts and offering naming opportunities to prospective
donors; and
WHEREAS, recommended naming opportunities and gift levels have been developed
and presented to the Library Board of Trustees which recommends City Council approval, and
reviewed by the Carlsbad Library & Arts Foundation which has as its mission to seek, cultivate
and provide financial support for library and arts facilities and programs; and
WHEREAS, all naming opportunities require individual City Council approval and
establishment of an agreement with a donor before an agreement is executed for that naming;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
Ill
1.That the above recitations are true and correct.
2.The City Council of the City of Carlsbad, California, approves the naming
opportunities recommended for the improved spaces at the Dove Library as set
forth in Attachment A, Carlsbad City Library/Proposed Naming Opportunities, and
incorporated herein by this reference.
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Item #2 January 24, 2017 Page 9 of 26
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2 of Carlsbad on the gth day of February 2016, by the following vote to wit:
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AYES: Council Members Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Matt Hall
ATTEST:
BARBARA ENGLESOl)l)tity Clerk
(SEAL)
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Item #2 January 24, 2017 Page 10 of 26
Carlsbad City Library I Proposed Naming Opportunities
Total Value of
Dove Library Standing Standing
Naming Naming
Inventory Inventory
Family & Corporate Legacy Gifts
1 Grande Courtyard & Entrance $1,000,000 $1,000,000
2 The Great Hall $1,000,000 $1,000,000
3 Children's Library $1,000,000 $1,000,000
Prominent First Level & Outdoor Spaces
4 Community Living Room $400,000 $400,000
5 Large Study Room $60,000 $60,000
6 Small Study Room $40,000 $40,000
Marketplace $20,000 $20,000
8 Conversational Groupings (2 avail.) $15,000 ea $30,000
9 Community Patio & Hearth (West Patio) $350,000 $350,000
10 Reading Wall/Hearth $100,000 $100,000
11 Fireplace $100,000 $100,000
12 Schulman Auditorium Stage $150,000 $150,000
13 Children's Storytime Circle $100,000 $100;000
14 Memorial Tree-Scape $15,000 $15,000
Prominent Second Level Spaces
15 Teen Space $250,000 $250,000
16 Teen Team Rooms (2 available) $15,000 ea $30,000
17 Teen Tech Grouping $15,000 $15,000
18 Teen Den $8,000 $8,000
19 Study Alcoves (2 available) $5,000 ea $10,000
20 Tech Lab $100,000 $100,000
21 Large Group Study Room $30,000 $30,000
22 General Access Computer Grouping $15,000 $15,000
$4,823,000
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Item #2 January 24, 2017 Page 11 of 26
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Item #2 January 24, 2017 Page 20 of 26
May 26, 2016
Mayor and City Council
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
Honorable Mayor and City Council,
Ar· # a.
CARLSBAD LIBRARY & ARTS FOUNDATION
EXHIBIT 4
The Carlsbad Library & Arts Foundation is pleased that you recently approved naming
opportunities for the desgnated areas at the Carlsbad City Library on Dove Lane which are being improved through renovation. As you know, the mission of this foundation is to seek, cultivate and provide financial support for our library and cultural arts facilities and programs. The Foundation is positioned to cultivate major gifts in support of the
renovations. Naming opportunities serve an important role in attracting such gifts. The Foundation recognizes that all naming requests must be approved by the City Council and that gifts received through the Foundation in support of the renovations will be presented to the city to help offset funds allocated for this purpose.
The Foundation has now received a commitment from Susan and Richard Seligman and families, in the amount of $15,000, to be used to offset renovation costs related to improvements in the courtyard. The Seligman family has requested that the treescape in
the courtyard be named "In Loving Memory of Dona Z. and Melvin M. Meilach."
The Carlsbad Library & Arts Foundation supports this request for the naming of the space in accordance with the established naming opportunities and gift levels. Once
received, the gift from the Seligmans would be presented for City Council acceptance.
Thank you for your consideration.
Sincerely,
Dr. James Selover, President Carlsbad Library & Arts Foundation
Carlsbad Library and Arts Foundation
1775 Dove Lane. Carlsbad. CA. 92011 (760)602-2060www.carlsbadlibraryandartsfoundation.org
Item #2 January 24, 2017 Page 21 of 26
NAMING RIGHTS AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND SUSAN AND RICHARD SELIGMAN AND FAMILY
CARLSBAD CITY LIBRARY
EXHIBIT 5
THIS NAMING RIGHTS AGREEMENT ("Agreement") is entered into as of the Lf2ii;_ day
of\,Jinl..LQ�, 201'],("Effective Date"), by and between the City of Carlsbad, amunicipal c�ration ("City") with its principal place of business located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008 and Susan and Richard Seligman and Family ("Seligman Family") with its principal address as '574 Black Bear Road NE,
Albuquerque, New Mexico 87122.
RECITALS
A.City of Carlsbad Council Policy 48 provides an opportunity to name parks,
municipal facilities, and amenities within those facilities, including a procedureand criteria.B.City desires to offer naming rights specific to designated areas of Dove Libraryas authorized by the Carlsbad City Council on February 9, 2016.
C.City owns all the intellectual property rights associated with the naming of allor designated areas within any City park and municipal facility, including theCarlsbad City Library, located at 1775 Dove Lane, Carlsbad, CA ("Dove
Library").D.Seligman Family has proposed the naming of an area at Dove Library authorized
by Carlsbad City Council for naming rights.
E.On June 7, 2016, Carlsbad City Council reviewed the proposal and found it
consistent with the criteria identified in the Council Policy.
F.Seligman Family now wishes to name the area, designated as the Courtyard
Treescape, "In Loving Memory of Dona Z. and Melvin M. Meilach."
NOW THEREFORE, in consideration of the niutual promises, terms and conditions set
forth below, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1.The above recitals are true, correct, and incorporated herein.
2.Exclusive Right to Post.
a.The naming opportunity authorized by Carlsbad City Council is the areadesignated as the Courtyard Treescape, as further detailed in the attached Exhibit A.
b.The City hereby grants Seligman Family the exclusive right to post and displayone sign that names the Courtyard Treescape area "In Loving Memory of Dona Z. and
Melvin M. Meilach." c.The sign shall face the entrance into the courtyard.
d.The sign may not be illuminated without the written consent of the City.
1
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Item #2 January 24, 2017 Page 22 of 26
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3.Maintenance, Repairs, and Replacement.
a.The City shall, at its sole expense, maintain the posted sign and be responsiblefor all repairs or replacement required by vandalism or theft.
4.Term of Agreement.
a.The term of this naming Agreement shall commence on the Effective Date andshall continue for either: (1) the life of the building in its currently specified use as
the Dove Library or (2) the Dove Library is replaced, substantially renovated, or developed for another use; whichever is earlier. b.Upon expiration of this Agreement, the sign shall be removed by the City.
5.Naming Fee.
a.A one-time naming gift of Fifteen Thousand dollars ($15,000) will be paid in
two installments as follows: i.First installment of $6,000 on the Effective Date of this Agreementii.Second installment of $9,000 within 45 days of completion of courtyardtreescape improvements.Payment will be made by Seligman Family to the Carlsbad Library & Arts Foundation in
exchange for this naming, which shall be directed to City and used to offset costs associated with improvements in the courtyard of the Dove Library.
6.Assignment.
This Agreement may not be assigned or otherwise transferred by either party
hereto.
7.Modification.
No change, alteration, modification, or addition to this Agreement will be
effective unless it is in writing and properly signed by both parties.
8.Representatives and Notices.
The City and the Seligman Family shall each designate a person who has theauthority and responsibility for administering this Agreement. All notices regarding
the performance or interpretation of this Agreement shall be served on such person at the following addresses:
City's Representative: Library & Cultural Arts Director Its Address: 1775 Dove Lane, Carlsbad, CA 92011
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I Item #2 January 24, 2017 Page 23 of 26
Phone No.:
(760)602-2011
Seligman Family: 574 Black Bear Road NE Albuquerque, New Mexico 87122 Phone No.: 0-SO�-?5'6 -6 SO 'f-
9.Indemnification. (Reserved)
10.Governing Law.
The existence, validity, construction, and enforcement of this Agreement shall be governed in all respects by the laws of the State of California.
11.Mediation Clause.
If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under the American Arbitration Association's. The mediator may be selected by agreement of the parties or through the American Arbitration Association. All fees and expenses for mediation shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. If the dispute is not resolved after mediation, the parties may seek remedies available to them at law.
12.Venue, Applicable Law and Personal Jurisdiction.
All questions related to this Agreement shall be resolved under the laws of the State of California. In the event that either party deems it necessary to institute legal action arising from this Agreement, such action shall be instituted in the Superior Court of the State of California, County of San Diego. The parties each consent to the personal jurisdiction of such court. Except as otherwise provided by law, it is expressly understood that neither party can institute any legal action against the other based on this Agreement until the parties have exhausted the mediation procedures required by the previous paragraph.
13.Severability.
If any term, provision, covenant, or condition of this Agreement is held by a court of competitive jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision.
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Item #2 January 24, 2017 Page 24 of 26
14.Waiver.
The waiver by either party of any breach of any term, condition, or provision of the Agreement shall not be deemed a waiver of such term, condition, or provision or
any subsequent breach of the same or any condition or provision of this Agreement.
15.Captions.
The captions used herein are for convenience only and are not a part of this
Agreement and do not in any way limit or amplify the terms and provisions hereof.
16.Vested rights.
No vested rights shall be conferred or received by the Seligman Family, any individual or entity as a result of this Agreement.
17.Entire agreement.
This Agreement, together with any other written document referred to orcontemplated by it, along with the naming rights gift for this Agreement and its
provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. All referenced Exhibits that are attached to this
Agreement are incorporated herein.
18. Authority.
The individuals executing this Agreement and the instruments referenced in it on
behalf of Seligman Family each represent and warrant that they have the legal power, right and actual authority to bind Seligman Family to the terms and conditions of this
Agreement.
(Signature Page Follows)
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Item #2 January 24, 2017 Page 25 of 26
19. Counterparts.
The parties agree that this agreement may be executed in parts where the sum ofthe parts equals a whole and that a photocopy or facsimile signature shall be deemed an original.
Seligman Family
��-� Susan Seligman r
City of Carlsbad, a municipal corporation
APPROVED AS TO FORM:
5
Dated: /;;{- ;2 7 -r:2.@/(,,
Dated: I /Jo/ I 1
ATTEST: Uwcowwi<Jll�#'-Barbara Engleson City Clerk
Item #2 January 24, 2017 Page 26 of 26