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t.Ov 11 't,,~_ 184 <br />operate and maintain the park and itE facilities as an integral part <br />of its parks and recreation program. <br />6. ALTERATIONS AND ADDITIONS. The County agrees that it will not <br />make additions to, alter, modify, delete or otherwise change the park <br />as developed by Kiwanis without the prior consent. of Kiwanis. <br />7. TERM. This agreement shall exist and continue for a period of <br />ten years from December 16, 1991, unless sooner terminated as herein <br />provided. <br />8. TERMINATION. The County reserves the right to terminate this <br />Maintenance and Development Agreement at any time when the actions of <br />the Kiwanis violate any of the applicable county, state or federal <br />guarantees pertaining to assurances that the property will be used <br />for public: outdoor recreational uses on a non-discriminatory basis. <br />It is also understood and agreed that the County may terminate <br />this Agreement at any time when the Kiwanis Club of Lee County, Inc. <br />is no longer able or willing to add to or improve the park in the <br />manner determined acceptable by the County. <br />IN TESTIMONY WHEREOF, the County has caused this agreement to be <br />executed by the Chairman of its Board of Commissioners and attested <br />by the Clerk to the Board, all by authority of its Board of <br />Commissioners, and Kiwanis has caused this instrument to be executed <br />by its President, attested by its Secretary, all by authority of its <br />Board of Directors duly given, all effective as of the day and year <br />first above written. <br />After some discussion on the proposed project, Commissioner Cox <br />moved to adopt the agreement. Commissioner Hall seconded the motion, <br />and upon a vote, the results were as follows: <br />Aye: Cox, Hall, Matthews, Paschal, Reives, Stafford, and Wicker <br />Nay: None <br />The Chairman ruled the motion had been adopted unanimously. <br />When questioned by the Board about budget appropriations for the <br />project, County Manager William K. Cowan stated that preliminary <br />engineering and assessments will need to be conducted prior to <br />calculating appropriations needed for the project. <br />Chairman Stafford recognized Mr. Donald Morton, PTO President of <br />J. Glenn Edwards School. Mr. Morton appealed the Board's decision to <br />deny the PTO's request for local matching grant funds for playground <br />equipment at J. Glenn Edwards School. Following a lengthy discussion <br />about the request and the interpretation of the local matching grant <br />policy, the Board agreed that the policy should be clarified. County <br />Attorney K. R. Hoyle presented a revised policy for the Board's <br />review and consideration. <br />County Manager Cowan introduced Mr. Todd Edwards, the new <br />4 <br />