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HomeMy WebLinkAboutCC Resolution 6300 (Community Garden Pickleweed Park)RESOLUTION NO. 6300 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with CANAL COMMUNITY ALLIANCE FOR COMMUNITY GARDEN AT PICKLEWEED PARK a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday tihe 3rd day of May , 19 82 , by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Miskimen J NE I. LEONCINI, City Clerk 0����I`�I ^ r �e� MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, made and entered into this third day of Ma 1982, by and between the City of San Rafael, hereinafter referred to as "City", 3 and the Canal Community Alliance, hereinafter referred to as "C. C. A. " . WHEREAS, it is in the mutual interests of the parties hereto to undertake certain improvements on vacant lands of the Pickleweed Park site for the development of a Community Garden Program for use by the residents of the Canal community and the City of San Rafael. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: CITY AGREES TO: 1. Grant to the C.C.A. access to the described facility and control, supervision and maintenance of the Community Garden Program, enabling said program to be open and available to the residents of the community. Canal community residents will have first priority to any garden plots. 2. Provide area approximately 75' x 75' and will have to be graded flat. 3. Provide the C.C.A. access to and use of existing City water sources for the purpose of irrigating the established garden plots. C.C.A. AGREES TO: 1. Provide fencing around described facility. Fencing will include locked gate for maintenance vehicle and for gardeners. 2. Be responsible for the complete administration, control, supervision and maintenance of the community garden. 3. Agrees to attach a flow meter and pay City prevailing water rates for water used. IT IS FURTHER AGREED: 1. That the C.C.A. hereby holds the City, its officers, agents, servants and employees, while acting as such, free and harmless from.py liability from any obligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of the City under the provisions of this Agreement. 2. That the City hereby holds the C.C.A., its officers, agents, servants and employees, while acting as such, free and harm- less from any liability from any obligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of the C.C.A. under the provisions of this Agreement. 3. This Agreement may be amended or terminated by the mutual consent of the parties hereto and may be cancelled by either party upon one (1) year's notice. 4. In case of cancellation of this Agreement by the C.C.A., or abandonment by the C.C.A. of the facilities described herein, the City reserves the right, at C.C.A. expense to: 1) Control and supervise these facilities; or, 2) To have said facilities removed from the park site, with the C.C.A. paying for removal. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding the day and year first above written. APPROVED AS 0 F By A7, Edmund A. ugga City A t rney APPRO3?STrA$ TO CONTENT: BY Robert F.—Beyer'. Clity Manager CANAL COMMUNITY ALLIANCE ByOkdl� L4, � Kathy Campbe 1, Executive Director Date Submitted s o CITY OF SAN RAFAEL L ajn" Lawrence E. Mulryan, Mayor Date Signed vr7i ezg- ATTEST: &A-eanne M. Leonci i, City Clerk