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HomeMy WebLinkAboutCC RESO 2021-169RESOLUTION NO. 2021 - 169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY ("CITY") AND ICF CENTER FOR CROSS BORDER PHILANTROPY D.B.A. OLIVEWOOD GARDENS AND LEARNING CENTER FOR THE MAINTENANCE AND OPERATION OF A COMMUNITY GARDEN ("OPERATOR") AND EXERCISING A FIRST OPTION TO EXTEND THE AGREEMENT FORA 24 MONTH PERIOD FROM NOVEMBER 16, 2021 TO NOVEMBER 15, 2023 WHEREAS, the City of National City ("City") and the ICF Center for Cross Border Philantropy D.B.A. Olivewood Gardens and Learning Center ("OPERATOR") entered into an Agreement on August 4, 2020 ("the Agreement"), wherein the OPERATOR agreed to maintain and operate a Community Garden for the community's benefit at a Community Garden located within Paradise Creek Educational Park in National City, California; and WHEREAS, Article 1.1, Term, establishes the Agreement shall be effective once the agreement has been executed with signatures and the Land Use Covenant has been recorded (the "Commencement Date") and the term of the agreement shall be for twelve (12) months from the Commencement Date; and WHEREAS, the Land Use Covenant was recorded on November 16, 2020 (the "Commencement Date'); and WHEREAS, Article 1.2, Option to Extend Term, establishes the City Manager or designee and OPERATOR may extend the Term for two (2) additional twenty-four (24) month periods; and WHEREAS, the parties desire to enter into this First (1) Amendment to the Agreement: to clarify the initial term of the Agreement as November 16, 2020 to November 15, 2021; to exercise a 24 month option to extend the Agreement from November 16, 2021 through November 15, 2023; to amend the Hours of Operation; and to amend the reporting requirements of the initial Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the City Manager to amend the Agreement between the City of National City and amending the Agreement between the City of National City and ICF Center for Cross Border Philantropy D.B.A. Olivewood Gardens and Learning Center for the Maintenance and Operation of Community Garden and exercising a first option to extend the Agreement fora 24 month period from November 16, 2021 to November 15, 2023. Resolution No. 2021 169 Page Two Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 16th day of November, 202 ATTEST: Luz MoIin', City Clerk APPROVED AS TO FORM: . Alejandra Sotelo-Solis, Mayor Charles E. Bell Jr., Cit = orney 1, Passed and adopted by the City Council of the City of National City, California, on November 16, 2021, by the following vote, to -wit: Ayes: Soteld-Solis, Rodriguez, Morrison, Rios. Nays: None. Absent: Bush Abstain: None. • AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California BY: c r Clerk of the Ci , o National C Califor Shelley Chape , MM'eputy tY erk