Sec. 664.307. - Title and control to remain with city.

Title to the real property shall remain with the City and the Friends-of-the-Park organization shall have no interest in the title, but only the right to enter upon, maintain and care for the park according to the terms of the maintenance and care agreement. If capital improvements are made to the park, title to the improvements shall vest in the City when they are completed; but the Division Chief is authorized to approve removal, rehabilitation and improvement of capital improvements and structures on the real property according to the development and improvement plans included in the maintenance and care agreement. Control of the park shall always remain with the City, subject to the terms and conditions of the maintenance and care agreement. Notwithstanding the primary goal of the Program to provide enhanced recreational facilities for all the public, it is recognized that to afford Friends-of-the-Park organizations the resources necessary to effectuate such enhanced recreational facilities it may be necessary to afford the Friends-of-the-Park organizations certain control over the use of the befriended park by other organizations. These controls may be evidenced in the maintenance and care agreement authorized in Section 664.305 but must be approved by the City Council. Criteria for such controls and the subject matter of same may include, but not be limited to, the following: (a) Exclusive control of sponsored events by the Friends-of-the-Park organization; (b) Exclusive control of vending of food and/or supplies (including parts for model airplanes, model cars/trucks, etc.) by the adoptive organization; (c) Utilization by the Friends-of-the-Park organization of all net proceeds from sponsored events or vending for maintenance, repair or improvements to the park; (d) The right of the City to inspect and audit all financial records of the Friends-of-the-Park organization; (e) The Friends-of-the-Park organization shall be a not-for-profit corporation; and (f) The length of agreement not to exceed ten years. (Ord. 81-259-100, § 1; Ord. 83-591-400, § 1; Ord. 95-816-426, § 1; Ord. 2004-1211-E, § 1) Note— Former § 262.307.