HomeMy WebLinkAbout2021 CON Olivewood Gardens & Learning Center - Operate Community GardenAMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ICF CENTER FOR CROSS BORDER PHILA TB PY,
D.B.A. OLIVEWOOD GARDENS & LEARNING CENTER
THIS 1st AMENDMENT TO THE AGREEMENT is entered into this 16th day of
November, 2021: by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY'1), and ICF CENTER FOR CROSS BORDER PHIL I TI OP , a California non-
profit corporation, D.E.A. OLI EWo0D GARDENS & LEARNING CENTER (the
"OPERATOR").
RECITALS
WHEREAS, E S, the CITY and the 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, ►S, 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, E ►S, the parties desire to enter into this First (1) Amendment to the
Agreement: to clarify the initial term of the Agreement; 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.
AGREEMENT
NOW, THEREFORE, E, the parties hereto agree that:
1. Term. The City and OPERATOR hereby agree to amend Article 1.1 of the
Agreement to clarify that the initial term of the Agreement will run from the
Amended Agreement Page 1 of 3 City of National City and
Revised October 2021 ICF Center for Cross -Border Philanthropy
d.b,a. Olivewood Gardens & Learning Center
Commencement Date of November 16, 2020 nd will expire on November 15,
2021.
. Option to Extend. The City and OPERATOR hereby agree to exercise this First
(Ist) Option to extend the Agreement for a period of twenty-four 2 months
pursuant Article 1.2. This extension will run from November 16, 2021 to
November 15, 2023.
3. Hours of Operation. The City and OPERATOR hereby agree to amend Article
3.3 of the Agreement to read as follows:
OPERATOR will open the Premises to the public on Saturdays and Sundays
for a minimum of ten (10) hours and Monday through Friday for a minimum of
eight 3 hours so the public may enjoy the Premises and assist with minor
gardening or interact with onsite volunteers. The Premises shall be open to the
public Monday through Friday by appointment or for scheduled programs. No
member of the public shall be denied entry to the Premises for any
discriminatory ry basis described in Article 20.
4. Reporting by OPERATOR. The City and OPERATOR herby agree to amend
Article 3.5 of the Agreement to read as follows:
OPERATOR shall provide reports to the City Manager every six months
recording the total number of: (a) National City residents, participants, and
volunteers that participate in OPERATOR events; (b) events and programs
coordinated; and capital projects completed. These reports shall also
explain any of OPERATOR's operating and maintenance plans and any other
pertinent statistics regarding OPERATOR's use of the Premises. Upon
reasonable notice by the City Manager, or designee, OPERATOR may be
required to present all information required by this Article 3.5 at a meeting of
the City Council.
. The parties further agree that, with the foregoing exceptions, each and every
other term and provision of the August 4, 2020 greement shall
remain in full force and effect.
{Signature page to follow}
Amended Agreement Page 2 of 3 City of National City and
Revised October 2021 ICF Center for Cross -Border Philanthropy
d.b.a. Olivewood Gardens & Learning Center
IN WITNESS WHEREOF, the parties hereto have executed this 1 st Amendment
to the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
Brad - alai-s City Manager
APPROVED AS TO FORM:
B
Ga riela Torres
Deputy City Attorney
Amended Agreement
Revised October 2021
ICF CENTER FOR CROSS BORDER
PH ILANT OPY,
OLIVEWOOD GARDENS
LEARNING CENTER
(Corporation -- signatures res of two
corporate officers required)
(Partnership or Sole proprietorship
one signature)
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Page 3 of
City of National City and
ICF Center for Cross -Border Philanthropy
d.b.a. Olivewood Gardens & Learning Center