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HomeMy WebLinkAboutResolution 2007-084 lease and use agreement with the food bank for a learning farm MARANA RESOLUTION NO. 2007-84 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; 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, 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. 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. {00004728.DOC f} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARlZONA, this 16th day of May, 2007. /' 7 I. /. .' ~ Oft-1/L~~ Mayor Ed onea ATTEST: {00004728.DOC I} 2 l/ 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 {OOO0472 1. DOC /} 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 of the 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 collectively 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 Marana 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 w.ith 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. Farm. 5. Utilities. The Town shall pay all utility fees associated with the Learning {OOOO472 1. DOC I} ----------..-~__...""Ii'....:_.....__""....,..._...,.~_"_...~,~~.,..,,...--"-"'-""""~~'""~__4"""_.""_,""",,,,,,_ / 6. Repairs and Maintenance. The Community Food Bank shall maintaV and repair all fences, gates, irrigation systems (not including the well and pump )y1iiid equipment supplied by the Community Food Bank for the Learning Farm. 7. Landscape Maintenance. The Community Food Bank&ha.l1 maintain all landscaping, gardens, pathways, and fence lines associated with the. exclusive use areas of the Leased Property at the Learning Farm. 8. 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 d Recreation Director. / // I .' 9. Indemnity and Hold Harmless. lfhe Community F od Bank ~all indemnify and hold harmless the TowIlof Marana, its officers,~. pI s, and Jigents from and against any and all claims J'elatingf$et}. ormnunity F d ank's u~ of the property or its equipment on ..t. heproperty,. ~h I in ..i{\nS\ anc:5..fuver any losses resulting from the Community Food B ' us f ete~ng F(llY~, Insurance policies should have a minimum coverage of $ \,0 0,000 P i occurrenc~d shall name the Town as an additional insured. i 0 ~ / 10. Conflict of ere. This a~e~ti ~subjecy/f~ A.R.S. ~ 38-511, which provides for cancell t\on ntracts by/~~ve' ent en./}jtles in certain instances involving conflicts of inte est\ .- 0, II. Effective Date.\ This a~ is e~ve on the date of the last Party's signature below. \ \\ " \\ /' 12. Termination. This agreeilient m;i?' be terminated upon thirty days' notice by either Party to the other Party. / I I / ! f. [Remainder of page intentionally left blank.] {OOOO472LDOC /} 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 municipal corporation THE COMMUNITY FOOD BANK an Arizona not-for-profit corporation By: Ed Honea, Mayor By: Printed: Its: Date: Date: AITEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {OOOO472I.DOC I} "'-..-. ....... ,./' 'A. ~lI!'O .6.eG.AS"i S. l1UU~eo ~ 4$. C,;. Uto.l\J-.Aa~ ~~ EXHIBlT A 00\ -\0I.'1.1~ -00 ~ ~~. 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