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Res 21-22 Approving the acceptance of a generous donation from Deloitte for Public Art, Public Safety, and Westlake AcademyTOWN OF WESTLAKE RESOLUTION NO. 21-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, APPROVING THE ACCEPTANCE OF A GENEROUS DONATION FROM DELOITTE TO BE USED EXCLUSIVELY FOR PUBLIC ART, PUBLIC SAFETY, AND WESTLAKE ACADEMY. WHEREAS, the Town of Westlake desires to encourage broad community support and involvement in this project through utilization of private donations, gifts, and other private funding sources to enhance this project, as well as ensure its success via the use of a public/private partnerships; and WHEREAS, Deloitte has come forward and expressed a desire to provide a generous gift to the Town; and WHEREAS, the Town Council acceptance of this generous gift is in the best interests of the Town of Westlake and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and. correct and are incorporated herein by reference as if copied in their entirety. SECTION 2; tf any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 3: That, the Town Council of the Town of Westlake, hereby accepts a generous donation of $500,000.00 to the Town from Deloitte, the Council acknowledges the desire of this donor to apply these funds to be used exclusively for Public Art, Public Safety, and Westlake Academy as identified in their letter, attached as Exhibit "A". SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 21-22 Page 1 of 2 PASSED AND APPROVED ON THIS 21ST DAY OF JUNE 2021. ATTEST: Todd ood, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Laura Wheat, Mayor .r Amanda DeGan, Town Manager r s''.•�F 11VEST�9� �O Resolution 21-22 Page 2 of 2 DocuSign Envelope ID: F5365CDA-OOCE-45CE-AC9D-05O8380E4DF6 Deloitte May 18, 2021 Mayor Laura Wheat Town of Westlake 1500 Solana Blvd. Building 7, Suite 7200 Westlake, TX 76262 USA RE: Charitable Donation to Westlake Public Art Program and the Fire -EMS Department Mayor Wheat: Deloitte LLP 2501 Westlake Parkway Westlake, Tx 76262 USA Tel: 214 840 7162 Fax: 214 756 9270 The people of Deloitte LLP and its affiliates (collectively "Deloitte") are pleased to make a charitable one-time donation in the amount of $500,000 to the Town of Westlake to support the Public Art Program, the Fire -EMS Department, and Westlake Academy. This donation is in recognition of Deloitte's thirteen years in the Westlake community and recent expansion of our footprint in the Circle T Ranch. Deloitte wishes to allocate the donation between the following categories and items: • Public Arts Program: $150,000 restricted to the acquisition of new public artwork and future repair and maintenance of existing installations. • Public Safety: $300,000 restricted to the acquisition of the Life Pack Heart Monitor, EMS Training Manikin, CAD Equipment for all vehicles, Command Vehicle Suburban, and balance to go toward a new ladder truck. • Westlake Academy: $50,000 restricted to the acquisition of facilities, technology, or equipment that directly enhances the student learning environment or experience. Please see the attached donation use limitation agreement. This donation is in accordance with the terms of the use limitation agreement, attached hereto as Schedule A; please sign to acknowledge your acceptance of the terms and the gift. Westlake is a distinctive place and Public Art uniquely expresses the culture and identity of the town and community. We are truly appreciative of the continual support, dedication, and sacrifice the Fire -EMS department makes for the community of Westlake. Finally, Deloitte is proud to continue supporting academic and learning initiatives provided at Westlake Academy. Sincerely, Rt,ik S6 is bt.Vl -.r Heidi Soltis-Berner Managing Director Deloitte LLP CC: Town Manager Amanda DeGan Chief Richard Whitten Public Arts Commission DocuSign Envelope ID: F53B5CDA-OOCE-45CE-AC3D-050838OE4DF6 Mayor Laura Wheat May 18, 2021 Page 2 Schedule A - DONATION USE LIMITATION AGREEMENT In the event that the donation can no longer be used for the intended purpose stated herein, the Town of Westlake shall notify Deloitte, with reasonable notice, and Deloitte (or any legal successor to the Deloitte, if applicable) shall determine the proper allocation of the donation, if any, and shall modify this letter to the extent necessary to enable the donation to be used in a manner which coincides with the Deloitte's original intent as closely as possible. Notwithstanding the foregoing or anything to the contrary in this letter, if Deloitte (or any legal successor to Deloitte, if applicable) is no longer in existence at the time that the donation may no longer be used for the intended purpose stated herein, the Mayor of the Town of Westlake shall use his or her best judgment to determine the proper allocation of the donation taking into account Deloitte's intent as set forth herein_ The obligations of Deloitte hereunder shall terminate upon written notice by Deloitte to the Town of Westlake. The Town of Westlake will confirm by email to Deloitte, that the nature and amount of the gift was honored. Neither party may assign, directly or indirectly, by operation of law, change of control or otherwise, this letter or any rights or obligations hereunder, without the prior written consent of the other party. This letter shall be governed by and construed in accordance with the laws of the State of New York, and shall be subject to any applicable Town of Westlake policies (if any) adopted from time to time. lla�6V' (,at 'a w" 05/25/2021 Laura Wheat Mayor, Town of Westlake (Date)