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HomeMy WebLinkAboutCity Council - 4135 RESOLUTION NO . 4135 A RESOLUTION APPROVING COMMUNITY GARDEN AGREEMENT AND AUTHORIZING DIRECTOR OF RECREATION AND PARKS TO EXECUTE PERMIT AGREEMENTS FOR CITIZEN PARTICIPATION IN COMMUNITY GARDEN PROGRAM WHEREAS, the City desires to provide some of its property for use as a community garden; and A number of citizens desire to utilize property for community garden purposes; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby approve that certain permit agreement, attached hereto, to be signed and executed by the City, and participants in the Community. Garden program. BE IT FURTHER RESOLVED that the City Council authorizes the Director of Recreation and Parks to sign and execute said agreements on behalf of the City . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 22nd day of September, 1975. ATTEST: Mayor .� J/-0x City ,Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City Attorn dry✓► MM:id } PERMIT AGREEMENT hereinafter called. the PERMITTEE , and the City of Huntington Beach, hereinafter called CITY, do hereby agree as follows: 1 . PERMITTEE is granted permission to use for a garden plot for a term of three ( 3 ) ,years beginning , 19;, . the following parcel of land : "Community Garden" parcel # located at in the City of Huntington Beach. 2 . This agreement may not be renewed unless (a). ,no waiting list is in existence , or (b) the established waiting list is shorter than the number of plots available . The PERMITTEE may not submit his or her name for the waiting list while currently enrolled in the Community Garden . program. 3 . The CITY reserves the right to terminate this Agree- ment (a) for failure to maintain the garden plot and after written. warning to the PERMITTEE, (b) for growing drug producing plants, and (c) for violation of any provision of this Permit Agreement . 4 . It is understood and agreed by the parties hereto that the premises in question shall be used solely for gardening , purposes and that no structures or other permanent improvements are to be added. 5 . The permit fee shall be TEN DOLLARS ($10. 00) per year. Cs 1 . 6. Upon termination of this agreement, the premises shall be cleared and left in a clean and attractive manner. 7 . The premises herein are for the sole use of the PERMITTEE and this agreement and the rights hereunder may not be sold, transferred or assigned 8 . The PERMITTEE shall provide- all necessary tools , equipment , and growing supplies for his or her garden plot . 9. The CITY reserves the right to enter upon the property at any time. 10. Gardens shall be kept clean and free from weeds . No weed killer allowed, cultivation only . This includes any walk adjacent to or bordering any section of a garden. The walks and garden plot should be kept neat and tidy. 11 . Each plot should have its own name stake provided by the user. 12 . No existing trees or shrubs shall be cut or damaged. City-owned plants and fertilizer are within the confines of the plot areas . PERMITTEE . is cautioned not to use or remove them. 13 . Crops are to be harvested upon maturity. If PERMITTEE has excess crops , notice shall be provided to the garden coordinator. 1.4 . The integrity of garden plots and walkways is to be maintained, and efforts made to keep these free from interference by PERMITTEE, children and others . 15. Fertilizers and insecticides shall be allowed in the "regular" gardens as long as they do not detrimentally affect 2. adjacent gardens or' grassed areas .. 16. Gardens are . not to be used for commercial purposes.. 17 . PERMITTEE shall have the option to renew this permit upon sixty (.60) days written notice to CITY subject to approval by the parks superintendent and compliance with whatever require- ments are imposed by CITY at that time for use of garden plots . 18. PERMITTEE agrees to protect , defend, indemnify and save harmless CITY against loss, damage , or expense by reason of any suits, claims , demands , judgments and causes of action caused by PERMITTEE , his employees , agents , or assistants arising. out of or in consequence of the performance of. all' or . any operations covered by this. permit agreement . 19 . PERMITTEE shall comply with all applicable rules , regulations, and ordinance provisions of CITY in his or her use of subject parcel and the adjacent property . ------------------------------------------------------------------- APPLICATION FOR COMMUNITY GARDEN Plot Size: 20' x 30 ' NAME Regular Garden ADDRESS Organic Garden / �/ CITY PHONE I hereby agree to be bound to and comply with the above permit agreement . DATE Signature ------------------------------------------------------------------- HUNTINGTON BEACH RECREATION & PARKS DEPARTMENT Accepted Assigned Plot # Registration Fee Receipt # _ Authorized by� _ 3 • CLTY OF HUNTINGTON TEACH t'v O i.re t:or of Recreation APPROVED AS TO CONTENT: h.PPROVE'D P,l `T`0 FORM : . C.i_ty A(I m 1.n 1,s trat:or .�' i,t,y A or 4 . Res. No, 4135 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of , members of the City Council of the City of Huntington Beach is seven; S that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 22nd day of September , 1975 by the following vote: AYES: Councilmen: Wieder, Matney, Shipley, Duke, Gibbs NOES: Councilmen: Coen ABSENT: Councilmen: Bartlett � . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California