HomeMy WebLinkAbout7.3 Amend Kolb Trust Agmtti~~~
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 21, 2008
SUBJECT:
ATTACHMENTS:
RECOMMENDATIO
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FINANCIAL STATE T:
Amendment to Kolb Trust Donation Agreement
Report by Diane Lowart, Parks & Community Services Director
1) Amendment to Donation Agreement
Authorize City Manager to execute Amendment
None
DESCRIPTION: At the March 4, 2008 meeting, the City Council approved a
Donation Agreement with Casey Strom, trustee of the William P. Kolb Revocable Trust. The Agreement
provides for the donation to the City of Dublin of the Kolb Home and related structures on the land,
personal effects and machinery on the property of historic value. The Agreement further provides that the
Trust would contribute $10,000 toward the cost of moving the structures and that the structures would
need to be removed from the property by January 1, 2009.
At this time, Staff does not anticipate the ability to have the structures removed from the property by
January 1, 2009 as preparation of the plans and specifications for the Dublin Historic Park project has
taken longer than originally anticipated. Consequently Casey Strom has consented to extend the date that
the structures would need to be removed from the property to April 30, 2009. Additionally, the date that
the $10,000 contribution to the moving costs would be paid to the City has been adjusted to reflect the
time extension.
The City Attorney has prepared an Amendment to the Donation Agreement (Attachment 1). The
Amendment has been reviewed and approved by Casey Strom.
RECOMMENDATION: Staff recommends that the City Council authorize the City Manager
to execute the Amendment to the Donation Agreement.
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COPY TO: Peter MacDonald/Casey Strom
Page 1 of 1
ITEM NO.
G:\COUNCIL\Agenda Statements\2008\10-21 Amendment to Kolb Trust Donation Agreement.doc ,
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AMENDMENT TO DONATION AGREEMENT
Casey Strom, trustee ("Trustee") of the William P. Kolb Revocable Trust dated August
2, 2004 ("Kolb Trust") and the City of Dublin, a municipal corporation ("City") are parties to a
"Donation Agreement ("Donation Agreement"), dated February 28, 2008. City and Trustee are
hereinafter collectively referred to as the "Parties." The Parties hereby enter into this
Amendment to Donation Agreement as of October , 2008.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledge, the Parties agree to amend the Donation Agreement as
follows:
1. Removal from Land. Section 2 of the Donation Agreement is amended to read as
follows: "Subject to Section 10, the City shall remove the Kolb Home, Related Structures, and
Personal Effects from the Land no earlier than March 1, 2008 and no later than April 30, 2009
and shall, prior to such removal, provide Trustee with as much advance notice as is practicable,
but in no event less than 30 days."
2. Trustee Contribution to Movin Costs. Section 4 of the Donation Agreement shall be
amended to read as follows: "Trustee shall contribute the sum of Ten Thousand Dollars
($10,000.00) toward the cost of moving the Kolb Home, Related Structures and Personal Effects
from the Land to Dublin Historic Park. Trustee shall pay this sum to the City of Dublin within
30 days of written notice from the City that on-site work on moving the buildings has
commenced."
3. City Actions. The last sentence of Section 10 of the Donation Agreement shall be
amended to read as follows: "Unless otherwise agreed by the parties, Trustee shall have the right
to terminate this Agreement at any time after April 30, 2009 if the Kolb Home and Related
Structures have not yet been moved.
Except as expressly amended above, the Donation Agreement shall remain in full force
and effect.
SIGNATURES ON FOLLOWING PAGE.
1154062
ATTACHMENT 1
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
TRUSTEE:
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Casey Strom, as Trustee of the William P. Kolb
Revocable Trust dated August 2, 2004
CITY:
CITY OF DUBLIN,
a municipal corporation
By:
Joni Pattillo
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney