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Home My WebLink AboutFirst Baptist Church and EMBARC - Community Garden - 6/12/2017rn rti u n ty Garden. Acr ' ient c l Z S e c t t c the terms and conditions o rt nn, en it a.i�il.li t to '. t ...-. Y ' •.1 �. �;.rt"".. `t 1 ly1LJ =�.l.i z - s the City of Waterloo, Iowa ('City"), hereby grants a revocabie .license to the person(s) or non-. profit entities identified below (individually or collectively, the "Licensee") to use the following described Citynowncd property or rnghte,of-way (the `Premises"), solely for the purposes stated herein: Lot 4; and The Northerly 97 feet of Lot ; and Lot 6; Alt in Block 2, Leland Park, City of Waterloo, Iowa, except the Northerly 4 feet thereof In consideration of the City's grant of a revocable license to use the Premises on the terms set forth in this Agreement, Licensee hereby agrees to the following terms and conditions: 1. Duration. This Agreement and the license granted hereunder shall be effective for the following term (not to exceed three years): Commencing the date of approval by the City as indicated below, until and including December 31, 2019. The license granted herein is effective only for the period indicated above. This Agreement shall not automatically renew or be `; t extended. 2 Use of Premises. Licensee shall use the Premises only for growing vegetables in connection with a program (the "Program") operated and overseen by Licensee, by which Burmese immigrants (the "Participants") will produce vegetables for the purpose of acquiring and developing diverse skills, including business management, English language proficiency, money handling, marketing, and food safety. Licensee agrees that all produce sales will he conducted at local farmers' markets or other off -Premises locations, Licensee and the Participants may not use the Premises for any other purpose, and Participants may use produce only for their own consumption or purposes in furtherance of the Program. Licensee shall be ;, responsible to monitor proper use of the Premises, 3, Improvements; Vehicles. No structures, fences, buildings, vehicles or equipment shall be placed or parked on the Premises that are not consistent with a Private, n.on4-commercial vegetable or flower garden use, except that Participants may construct raised garden beds an. llor fences not exceeding three (3) feet in height Other improvements in the nature of a. fixture shall require advance wniten.eonsent from the City Planner or designee, Licensee may not install any other improvements on the Premises. Alt improvements of whatever type or nature that are left on the Premises at the end of the term hereof shall become the sole property of City, and Licensee shall not be entitled to any compensation for same. Notwithstanding the foregoing, by the end of the tern of this .Agreement License; shall remove all improvements made by Licensee or Participants, unless the City has agreed in writing that such improvements may remain in place. No motorized vehicles shall be parked on or otherwise used in connection with the #... :remises except when such vehicles are actually engaged in maintenance of the Premises. te#' 4"). 4, Maintenance of Premises; Trees. Licensee shall maintain the Premises in a reasonably tzs.` safe, serviceable, clean and presentable condition, free of weeds, cuttings, and ?t11& c.ebris, All. wastes shall be promptly removed from the Premises. At the end of each growing season, Licensee shall clean up the Premises. Licensee may plant trees and shrubs only with the advance written permission. of the City Planner or designee. 'Trees or other permanent plantings shall become and remain the sole property of the City, without compensation to Licensee or Participants therefor, and may not be removed by Licensee or any other person without advance written permission from the City Planner or designee. 5. Use by Others. The rights granted hereunder are personal to Licensee. The parties anticipate that Licensee may permit others subject to all terms and conditions of this Agreement, to use the Premises in a manner consistent with Program requirements and the purposes of this Agreement, Such use by others is permitted, but the rights granted to Licensee hereunder may not otherwise be assigned, transferred, sublet or sublicensed to any other person or entity without City's prior written consent. All permitted users are bound by the terms hereof, and any violation of applicable requirements or any breach of the terms hereof shall have the same effect as if violated or breached by Licensee. 6. Entry on Premises. City or its agents may enter upon the Premises at any time during the term hereof for the purpose of drilling test holes, making surveys, or accommodating public utilities relocation. When possible' City will attempt to provide advance notice to Licensee, 7. Legal Compliance. Licensee shall comply with all applicable federal, state, and local statutes laws, rules regulations, orders and ordinances that may affect the Premises or Licensee s use thereof at any time during the term of this Agreement, including but not limited to ordinances governing noise and weed control. 8. Insurance, Before entering upon the Premises, Licensee shall provide to City a certificate showing proof of general liability insurance covering the activities of Licensee upon the Premises in the minimum amount of $1,000,000 each occurrence and $2,000 000 aggregate. Licensee shall keep such insurance in force during the term of this Agreement. Licensee's insurance shall name the City of Waterloo, Iowa as an additional insured. 9. Risk Allocation; Indemnity. Licensee takes the Premises in "as .is" condition and uses the Premises at its sole risk. As against City, Licensee is solely responsible for all risks and liabilities to which any Participant may be exposed. Licensee agrees to indemnify, defend and hold harmless City, its officers; officials, employees, contractors and agents, from and against any and all claims, demands, causes of action, damages, injuries, losses, costs, fines, penalties, or liabilities whatsoever, including but not limited to attorneys' fees and expenses, whether to the person or property of Licensee or anyone else, arising from or in connection with the acts or omissions of Licensee, any Participant, or any other invitee of Licensee or a Participant that relate in any way to use of the Premises, 10. Termination; Revocation. Licensee agrees that City may, at any time and for any reason, terminate this Agreement and revoke Licensee's rights hereunder upon sixty (60) days' advance written notice delivered to Licensee at its last -known address. In the event of such termination, Licensee agrees to waive and hereby does waive any and all demands or claims upon the City for damages to growing crops on the Premises and for loss or damage to any improvements that Licensee leaves upon the Premises at the end of said notice period. 11. General Terms. This Agreement is the entire agreement between the parties and may not be modified except by a written instrument signed by the parties This Agreement is bindmg on the parties and the respective successors and assigns of each. 2 IN WITNESS 1HHERE F, the parties have entered into this Community Garden Agreement by their duty authorized representatives. Licensee Signature(s) • Ethnic raorities of Burma Advocacy mid Resource urce Center (J'Li,MC) • v�l Title: Executive Director 220 E. 4 h Street Waterloo, .1 50703 'it 3 Approved by: >tat< Title: City of Waterloo, Iowa • First Baptist Church By: Title: 4 1200 W. 4c#t Street Waterloo, IA 50702 t' Lek r- V?\; i\ - i • t ' ' 3 t ! 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