LEGISLATIVE ACTION ITEM
SPONSOR: Grover C. Robinson, IV, Mayor
SUBJECT:
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SECOND LAND USE AND COMMUNITY GARDEN OPERATING AGREEMENT BY AND BETWEEN THE CITY OF PENSACOLA AND THE HIVE FOUNDATION, INC.
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RECOMMENDATION:
recommendation
That City Council approve the Operating Agreement between The Hive Foundation, Inc., and the City of Pensacola for the purpose of allowing the operator to develop and maintain a community garden. Further, that City Council authorize the Mayor to take the actions necessary to execute and administer the Operating Agreement with the Mayor’s Executive Powers as granted in the City Charter.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
On March 20, 2015, the City of Pensacola entered into and executed a Memorandum of Understanding with the Hollice T. Williams Community Garden Organization sponsored by Innisfree Hotels, for the purpose of allowing the Operator to develop and maintain a community garden for the benefit of the public on land owned by the City of Pensacola and adjacent land leased by the City from State of Florida Department of Transportation. The Operator has successfully developed the community garden into a project that utilizes volunteers to operate the garden and is desirous of expanding its activities and securing an agreement that provides greater certainty of the opportunity to enhance its activities with the goal of establishing an on-going gardening and marketing venture which will become self-sustaining.
The City of Pensacola and the Operator’s predecessor, (Tin Can Communications, LLC) entered into a First Land Use and Community Garden Operating Agreement on November 5, 2018, for a term of three (3) years. The terms and conditions for the continued use by the Operator of the garden facilities, for operation without impacting or encroaching upon other projects which the City may initiate during the term of this Agreement.
This Second Land Use and Community Garden Operating Agreement between the City of Pensacola and The Hive Foundation, Inc, shall be for the term of five (5) years commencing on the effective date at the beginning of this agreement. The Hive Foundation is an affiliate of Innisfree Hotels. The Operator shall have the right to occupy the Property for the purpose of operating a community Gardening Program. Operator is responsible for all expenses such as capital expenses, maintenance expenses, operation expenses, insurance, taxes, and all utilities. All expenditures for improvements, maintenance repairs and construction in the amount of $5,000.00 or more shall receive prior written approval from the Mayor or his designee. Title to Improvements that shall be placed upon the Property by Operator shall vest in City upon the completion of the Improvements, and Operator shall have no right to remove such fixed or permanent improvements from property. All improvements shall be completed to the satisfaction of the Lessor.
PRIOR ACTION:
None
FUNDING:
N/A
FINANCIAL IMPACT:
None
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
10/26/2022
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator - Community Development
Adrian Stills, Parks and Recreation Director
ATTACHMENTS:
1) Second Land Use and Community Garden Operating Agreement
PRESENTATION: No end