Res 2011-158 - Laserfiche WebLink

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AGREEMENT This Agreement is entered into as of December 15, 2011 (the "Effective Date ") between the City of San Marcos (the "City "), a municipal corporation, and Sustainable San Marcos, Inc., a nonprofit corporation, doing business as San Marcos Neighborhood Gardens ( "SSM "). Recitals 1. The San Marcos Neighborhood Gardens Project (the "Project ") is a project of SSM to create a network of neighborhood gardens in the San Marcos area to support and encourage residents to cultivate and produce food in proximity to their homes. 2. The City owns various surplus lots within its corporate limits and seeks to utilize those lots in a manner that promotes neighborhood stability and beautification and reduces maintenance expenses. Allowing SSM to use some of these surplus lots for the Project will advance the City's objectives for utilization of the lots and will further the City Council's goal of promoting community wellness. 3. This Agreement is intended to support the Project by providing City -owned land for SSM to use to develop garden sites at various locations in the City. 4. SSM intends to manage each garden site by having a manager with authority to arrange for plot use by individual gardeners and enforce site rules and regulations. 5. As a nonprofit organization, SSM relies on a broad membership to meet IRS guidelines for revenue sources. SSM anticipates charging a membership fee to each gardener that uses a plot at a garden site. 6. For the reasons stated in these Recitals the parties wish to enter into this Agreement. Agreement Article 1. Designation of Garden Sites; Acceptance in Present Condition 1.1. Development of Garden Sites. In consideration of the mutual covenants in this Agreement by the City and SSM, the City and SSM agree to work cooperatively to develop and manage garden sites (referred to individually as a "Garden Site" and collectively as the "Garden Sites ") on City -owned land. 1.2. Initial Garden Site. The initial Garden Site designated by the parties is the area of property in the 300 -400 blocks of Mitchell Street shown on the map attached as Attachment A. 1.3. Adding Garden Sites. Either the City or SSM may propose a new Garden Site. For each such site, the City and SSM will review and approve a map of the area involved, and a development plan and schedule for the Garden Site. Upon written approval of these documents by the city manager of the City and the board chair of SSM, the new Garden Site will be included in this Agreement. 1.4. Deleting Garden Sites. If additional Garden Sites are added under this Agreement, any Garden Site can be deleted from this Agreement by mutual consent of the City and SSM. If the deletion of a Garden Site is requested by SSM, SSM shall comply with the conditions under paragraph 2.5 as to such deleted Garden Site. The City may delete a Garden