HomeMy WebLinkAbout21-63 Resolution No. 21-63
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO LICENSE AGREEMENT
WITH GIFFORD PARK ASSOCIATION FOR USE
OF LAND AS A COMMUNITY GARDEN
13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an amendment to License Agreement with Gifford Park
Association on behalf of the City of Elgin for use of land as a community garden, a copy of
which is attached hereto and made a part hereof by reference:
_s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 28, 2021
Adopted: April 28, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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AMENDMENT TO LICENSE AGREEMENT
FOR USE OF LAND AS A COMMUNITY GARDEN
This Amendment Agreement("Amendment Agreement")(hereinafter the"Agreement")is
made and entered into at Elgin, Illinois this 28 day of April 2021, by and between the City of
Elgin,an Illinois municipal corporation(hereinafter the"the City") and Gifford Park Association,
an Illinois not-for-profit corporation under Section 501(c)4 of the US Internal Revenue Code
(hereinafter the"Licensee").
WHEREAS, the City and Licensee have previously entered into a license agreement for
use of land as a community garden, said agreement having a term that commenced on April 8,
2020,and ending on April 8,2023 (the"Subject Agreement"); and
WHEREAS, the Subject Agreement provides that Licensee may utilize the City property
identified therein for the establishment and maintenance of a community garden in accordance
with the plans depicted in Exhibit A of the Subject Agreement; and
WHEREAS, the City and Licensee wish to amend the Subject Agreement to expand the
scope of Licensee's permitted us of the City property by amending Exhibit A of the Subject
Agreement.
NOW, THEREFORE, for and in consideration of mutual undertakings herein, and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the
parties hereto agree to as follows:
1. That Exhibit A to the Subject Agreement is hereby deleted in its entirety, and that Exhibit
A to this Amendment Agreement, attached hereto, is hereby substituted therefore.
2. That all references to Exhibit A in the Subject Agreement or the plans depicted therein
shall heretofore be deemed to refer to Exhibit A to this Amendment Agreement.
3. That in the event of any conflict between the terms of this Amendment Agreement and the
Subject Agreement,the terms of this Amendment Agreement shall supersede and control.
4. That except as amended in this Amendment Agreement, the Subject Agreement shall
remain in full force and effect.
5. That the changes provided for in this Amendment Agreement are germane to the original
Subject Agreement as signed and this Amendment Agreement is in the best interest of the
City and authorized by law.
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IN WITNESS WHEREOF,the undersigned have entered into this Amendment Agreement
on the date near first written above.
CITY OF ELGIN GIFFORD PARK ASSOCIATION
By: By:
City Manager
Its:
ATTEST:
City Clerk
FALegal DcpAAgreement\License Agr-Gifford Park Assoc-Amendment-Community Guden.docx
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EXHIBIT A: SITE MAP
K
North Street
Botsford Place
a
i
Division Street
N
40 4x12'raised
a bed gardens + Fruit trees r SIgn
+9 4x20'raised O +Pumpkin patch
bed gardens
• 21tWaterifing station
Dogwaste hose corral
station Pergola