HomeMy WebLinkAboutResolution 2007-096 lease and use agreement with the food bank for a learning farm and repealing existing lease
MARANA RESOLUTION NO. 2007-96
RELATING TO REAL ESTATE; ESTABLISHING THE LEARNING FARM; APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE AND USE AGREEMENT
WITH THE COMMUNITY FOOD BANK RELATING TO THE LEARNING FARM;
REPEALING RESOLUTION NO. 2007-84, ADOPTED ON MAY 16, 2007, WHICH
ADDRESSED A DIFFERENT VERSION OF THE COMMUNITY FOOD BANK LEASE
AND USE AGREEMENT; AND DECLARING AN EMERGENCY.
WHEREAS the farm fields located on land leased by the Town from the Arizona State
Land Department for use as the Heritage Park are hereby established as the Learning Farm; and
WHEREAS the Town desires that the Learning Farm be an operating farm and a
community resource for gardening classes, the dissemination of information regarding food
production, and similar opportunities; and
WHEREAS the Town desires to have the Community Food Bank lease and use the
Learning Farm for the stated activities in exchange for operating the Learning Farm and opening
it up to the public; and
WHEREAS the Town has subleased one field, known as Field #3, to the Community
Food Bank pursuant to a Sublease Agreement approved by the Arizona State Land Department
and the Town desires to sublease two additional fields, known as Fields #1 and #2, to the
Community Food Bank and the Town intends to request an additional Sublease Agreement from
the Arizona State Land Department for the sublease of Fields #1 and #2; and
WHEREAS on May 16, 2007, the Heritage Park Farm Lease and Use Agreement came
before the Mayor and Council and was discussed and approved, via Resolution No. 2007-84,
with conditions regarding weed removal and insurance requirements and is now being brought
back to the Mayor and Council with new provisions as to those two items; and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
the public are served by entering into the Heritage Park Farm Lease and Use Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Heritage Park Farm Lease and Use Agreement, and
its Exhibits, between the Town of Marana and the Community Food Bank, attached to and
incorporated by this reference in this resolution as Exhibit A, is hereby authorized and approved,
and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana upon
approval by the Arizona State Land Department of an additional Sublease Agreement between
the Town and the Community Food Bank for Fields #1 and #2.
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BE IT FUTHER RESOLVED THAT Resolution No. 2007-84, adopted on May 16, 2007,
is hereby repealed.
BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the
peace, health and safety of the Town of Marana that this resolution become immediately
effective, an emergency is hereby declared to exist, and this resolution shall be effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5th day of June, 2007.
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Heritage Park Farm Lease and Use Agreement
This agreement is entered into by and between the Town of Marana, an Arizona
municipal corporation ("Town") and Community Food Bank, Inc., an Arizona 501(c)(3)
non-profit corporation ("Community Food Bank"). The Town and the Community Food
Bank are sometimes referred to collectively as the Parties, either of which is sometimes
individually referred to as a Party.
RECITALS
A. The Community Food Bank, incorporated in 1975, is a corporation that
acquires, stores and distributes 14 million pounds of food annually throughout
Pima County. The Community Food Bank strives to reduce the impact of hunger
and chronic malnutrition through programs of advocacy and nutrition education.
B. The Town has received the assignment of a lease to State land on Heritage
Park Drive just north of the Santa Cruz River where the Town is developing the
Heritage Park.
C. The State land includes several farm fields. Those fields identified as
Fields #1, #2 and #3 in the drawing attached to and incorporated in this
Agreement as Exhibit A, have been leveled and maintained by the Town and are
commonly known as the "Learning Farm."
D. The Town has subleased Field #3, to the Community Food Bank pursuant
to a Sublease Agreement approved by the Arizona State Land Department. The
Town desires to sublease Fields #1 and #2 to the Community Food Bank and
intends to request an additional Sublease Agreement from the Arizona State Land
Department to sublease these fields to the Community Food Bank.
E. The Town desires that the Learning Farm be an operating farm where
fruits and vegetables can be grown and gardening classes and similar
opportunities are made available to the citizens of Maran a and the community.
F. The Town currently does not have the resources available to provide the
amount of labor and coordination required to run and operate a farming operation
at the Learning Farm.
G. The Community Food Bank desires to operate a fruit and vegetable
operation and has the resources to offer gardening classes and similar
opportunities to the citizens of Marana and the community and the Town desires
to see the Learning Farm become a viable operation at the Heritage Park.
H. The Town finds that the benefit to the Town resulting from the
Community Food Bank use of the Learning Farm in accordance with the terms of
this Agreement have a value at least equal to the fair market rental value of rent of
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the farm fields which will be used by the Community Food Bank under this
Agreement.
AGREEMENT
Now, therefore, based on the foregoing recitals which are incorporated here by
reference, the Parties agree as follows:
1. Lease. The Town hereby leases to the Community Food Bank those
portions ofthe Learning Farm identified in paragraph 2, below, as the "Leased Property,"
from the effective date of this Agreement until termination as set forth in paragraph 12,
below, for no monetary rent, subject to the Community Food Bank's performance of its
obligations under this Agreement.
2. Leased Property. The areas of the Learning Farm which are subject to
this Agreement are the following (all of which coll~ctively are referred to in this
Agreement as the "Leased Property"):
a. Exclusive use of two farm fields (Fields #1 and #3) identified as Food
Bank Exclusive Use areas in the map attached to and incorporated in this
Agreement as Exhibit B.
b. Joint use with the Town of Marana of the farm field (Field #2)
identified as Town of Maran a Food Bank Joint use on Exhibit B.
c. Reasonable parking in the parking lot located just south of and adjacent
to the Heritage House.
3. Use. The Community Food Bank shall use the Learning Farm for the
production of food crops to be distributed through their networks and in cooperation with
the Marana Food Bank and for disseminating information regarding food production and
gardening.
4. Minimum Hours of Operation. During the term of this agreement, the
Community Food Bank shall staff and open the Learning Farm to the public with regular
posted hours that may vary according to seasons at least Monday through Friday, except
New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day,
Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving Day, and
Christmas Day. These hours and days may be modified if approved in writing by the
Parks and Recreation Director.
5. Utilities. The Town shall pay all utility fees associated with the Learning
Farm.
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6. Repairs and Maintenance. The Community Food Bank shall maintain
and repair all fences, gates, irrigation systems (not including the well and pump), and
equipment supplied by the Community Food Bank for the Learning Farm.
7. Landscape Maintenance. The Community Food Bank shall maintain all
landscaping, gardens, pathways, and fence lines associated with the exclusive use areas
ofthe Leased Property at the Learning Farm.
8. Weed Removal. The Community Food Bank shall aggressively
remove all weeds and/or other invasive species from the Leased Property and from the
areas described in paragraph 7, above. The Town recognizes that the Learning Farm is
an organic farming operation and acknowledges that the weed removal may be
accomplished by hand, mechanical cultivation, or other appropriate means. If the
Community Food Bank fails to remove the weeds and/or other invasive species to the
satisfaction of the Town's Parks and Recreation Director, the Town will perform the
removal at the Community Food Bank's expense.
9. No Modifications. The Community Food Bank shall not modify the
Learning Farm or any of the other improvements around or in any way associated with
the Learning Farm without the prior written approval of the Parks and Recreation
Director.
10. Indemnity and Hold Harmless. The Community Food Bank shall
indemnify and hold harmless the Town of Marana, its officers, employees, and agents
from and against any and all claims relating to the Community Food Bank's use of the
property or its equipment on the property, and shall maintain insurance to cover any
losses resulting from the Community Food Bank's use of the Learning Farm. The
Community Food Bank shall provide to the Town Certificate(s) of Insurance naming the
Town as an additional insured and providing coverage as follows:
a. Commercial General Liability - $1,000,000 per occurrence
b. Excess Liability - $5,000,000
c. Comprehensive Automobile Liability - $1,000,000 combined single
limit, or $1,000,000 bodily injury and $1,000,000 property damage
d. Statutory Worker's Compensation Including Employers Liability -
$250,000
The Certificate(s) shall contain provisions that coverage afforded under the policies shall not
be canceled, terminated or reduced in limits until at least thirty calendar days prior written
notice has been given to the Town. In addition, the Certificate(s) shall stipulate that the
insurance afforded the Community Food Bank shall be primary insurance and that any
insurance carried by the Town, its agents, officials or employees shall be excess and not
contributory insurance to that provided by the Community Food Bank.
11. Conflict of Interest. This agreement is subject to A.R.S. ~ 38-511,
which provides for cancellation of contracts by government entities in certain instances
involving conflicts of interest.
{OOOO4721.DOC / 3}
12. Effective Date.
Party's signature below.
This agreement is effective on the date of the last
13. Termination. This agreement may be terminated upon thirty days'
notice by either Party to the other Party.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the
date set forth below their respective signatures.
THE TOWN OF MARANA
an Arizona municipa corporation
THE COMMUNITY FOOD BANK
an Arizona not-for-profit corporation
By:
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By:
Printed:
Its:
Date:
Date:
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