Fort Walton Beach Council agenda — 08-10-2010 Regular — reading text

Description of Burdened Property. Street Address: Chester Pruitt Park Parcel ID Nos.: 13- 2S -24- 0000 -0016 -0000 Legal Description:Beginning at a- point 1946. 19 feet West of the Southeast quarter of Section 13 Township 2 Range 24 West; thence run 660 feet North thence run West 57. 64 feet; thence run South 660 feet; thence run East 57. 64 feet to the point of beginning. 3. Description of Project Area. The " Legacy Walk of Honor" shall consist of the area shown on Exhibit " A" encompassing the concrete pathway leading into the Chester Pruitt Park from the northeast corner beginning at an expansion joint to its termination point approximately 40 feet into the park and shall include the brick memorial structure that lies on the pathway. 4. Need for Agreement. The NAACP and the City agree that the Usage Agreement is required as a condition of utilizing the designated area as a Legacy Walk of Honor in Chester Pruitt Park to honor individuals, groups, and organizations that contributed time, money, service, and /or lives to others. 5. Improvement Plan. The NAACP will submit and the City will review a plan for the specific improvements to be made to the Legacy Walk of Honor. The Legacy Walk of Honor will be made from bricks bearing the name, and other information, engraved on them. 6. Expense of Improvements. The NAACP shall install the improvements as described in Exhibit " B" at its sole expense. 7. Service & Maintenance of Improvements. The NAACP shall at all times construct said Legacy Walk of Honor and maintain it in a manner, and with due care, reasonable in accordance with all applicable State and City guidelines, standards and procedures. Page 1 of 3 NAACP and City Agreement For Chester Pruitt Park 8. Usership and City' s Right to Enforcement. The parties agree that the City shall have the following rights: a. At the City' s discretion, the City may periodically inspect the Legacy Walk of Honor to ensure compliance with the letter and intent of this Agreement. If the City determines that the NAACP is not properly servicing and maintaining the Legacy Walk of Honor or is otherwise not in conformance with City laws, ordinances, procedures, and guidelines, the City may perform any necessary service or maintenance, the City shall give the NAACP at least twenty (20) days written notice regarding; such nonconformance and state the necessary remedial service or maintenance that is required. The NAACP then shall be allowed at least twenty (20) days to meet the requirements as described by the City. If the NAACP does not satisfy the requirements of the City, then the City may satisfy such requirements and charge the cost thereof to the NAACP. b. The City, at its sole discretion, may require the NAACP to remove, relocate, or adjust the bricks in the Legacy Walk of Honor. Such requirement may be necessary to meet public benefit, planning, or any future needs of the City. In such event, the City shall give the NAACP at least sixty ( 60) days written notice regarding such need and the requirement for removal, relocation, or adjustment. The NAACP then shall be allowed at least sixty (60) days to meet the requirements as described by the City. If the NAACP does not satisfy the requirements of the City, then the City may satisfy such requirements and charge the cost thereof to the NAACP. C. Upon placement of any improvement in the Park, the City shall have exclusive Usership of such improvement. 9. Termination. This agreement may be terminated by joint written consent of the parties. 10. Sovereign Immtinity /Credit Power. Nothing herein shall be deemed to be a waiver by the City of its rights to sovereign immunity or as a pledge or use of the City' s taxing power or credit. End of Text Page 2 of 3 NAACP and City Agreement For Chester Pruitt Park 12 Witnesses: Okaloosa County Branch, NAACP 0 Printed Name: Sabu L. Williams, President Printed Name: This document was acknowledged and executed before me on , 2010, by Sabu L. Williams, in his representative capacity as the President of the Okaloosa County Branch, NAACP. Notary Public Personally known Produced Identification: Attest: City of Fort Walton Beach, Florida M Helen Spencer, City Clerk Mike Anderson, Mayor This document was acknowledged and executed on 20105 by Mike Anderson, Mayor and Helen Spencer, City Clerk in their representative capacity as the Mayor and the City Clerk, in the name of the City of Fort Walton Beach, Florida. Notary Public Page 3 of 3 NAACP and City Agreement For Chester Pruitt Park 13 14  Exhibit B Establish a Legacy Walk of Honor in Chester Pruitt Park to honor individuals, groups, and organizations that contributed time, money, service, and /or lives to others. The walk will be made from bricks bearing the name, and other information, engraved on them. The Legacy Walk Memorial will be designed to surround the existing brick wall on the site. The Okaloosa County Branch NAACP, through donations and fundraisers on behalf of their 100 Legacy Honorees, would finance the first 100 bricks. Future bricks will be placed after being voted upon by a the Okaloosa County Branch, NAACP. 15  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: July 16, 2010 TO: Honorable Mayor and Council Membe FROM: Robert T..Meams, City Manager SUBJECT: NAACP Request to Create a Legacy Walk of Honor in Chester Pruitt Park 1. Background 1. 1 The NAACP submitted a request on June 14, 2010 to Councilperson joyce gillie gossom requesting that the City grant the NAACP use of a portion of Chester Pruitt Park to create a Legacy Walk of Honor in Chester Pruitt Park to honor individuals, groups, and organizations that contributed time, money, service, and /or lives to others. The walk would be made from bricks bearing the name and other information engraved on them. The Legacy Walk Memorial will be designed to surround the existing brick memorial on the site. 1. 2 I met with Mr. Sabu Williams and other individuals to review the proposal and met again at the park to view the concept as it would be installed at the park. 1. 3 The original idea had the City creating a committee to take nominations for placement of bricks, and the City would also control the funds submitted with nominations. I dissuaded Mr. Williams from that idea stating that the ideal operating scenario would be that a 501 C -3 group such as the NAACP could handle the nominations and fund control; that the City' s role would be to permit the placement of the bricks in the designated area in Chester Pruitt Park. 2. Discussion 2. 1 The Agreement will permit the NAACP to utilize the forty feet long concrete path that leads into the park from the park' s northeastern corner. It is on this path where the bricks will be placed. The Agreement also allows the NAACP the use of the brick monument that lies on the concrete pathway. 2. 2 The use of the requested portion of the park would not hamper the use of the park; and there will be no notable increase in park maintenance costs. 2. 3 The City Attorney has reviewed the Agreement and has found that it is legally sufficient. 3. Recommendation 3. 1 Staff recommends that the Council approve the Agreement. 16  OKALOOSA COUNTY BRANCH NAACP t11t ADq NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE may, NAACP' s of 19 10 Nicholson Street —Fort Walton Beach, Florida 32548 F% P.O. Rox 58 — Fort I i'alton Reach, Florida 32549 850 -301 -2095, Fax x 850- 301- 2098 iiaactrfivh i({'iTaaco. zccoxniail.cotit. wwN. oxaloosanaacn.coin EXECUTIVE COM\111 "rEE SABU L. wILLIAINIS I'r sidrnr 14 June 2010 y50- 6b''- 1146 LEWIS JE'NNINGS City of Fort Walton Beach ist 4' ice President Membership Ciiair 50- S.0L -4' 21 107 Miracle Strip Parkway Fort Walton Beach, FL 32548 GEORGE STAKLEY 2nd Vice President Housing Attn: Councilwoman Joyce Gillie Gossom 450 -ti42 -3459 VERNA NICBRIDE Dear Councilwoman Gossom, Secreri7 rl. PATRICIA PAYNE 4s3imint serretarr The remodeling of Chester Pruitt Park has brought a renewed spirit in the area where the park resides and is a wonderful testament to the commitment of the city ART KLAKELY to its citizens. The NAACP wants to take this time to thank you, Mayor Anderson, city Ihwsurer4 C r-So Chav council members, members of the CRA and members of the Beal Street Neighborhood NAOMI HARDISON inrth 1& 430r for your vision and steadfastness. The park is beautiful. ION ravIOUS DIaYl(:IND YOriNt I'r esident Today the NAACP calls upon the city once again. In the park is a memorial EVELYN VARNE:R wall approved by city council several years ago by request