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HomeMy WebLinkAbout5B - Motion to approve the Growing Gardens Lease Agreement (2011-2014) CITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: February 28, 2011 AGENDA TITLE: Public Hearing and Motion for approval of the Growing Gardens Lease Agreement, 2011-2014 PRESENTERS: Kirk W. Kincannon, CPRP, Director of Parks and Recreation Mary Kazlauskas, Events Manager, Parks and Recreation Department EXECUTIVE SUMMARY: The City of Boulder has for many years, owned and managed the Community Gardens Program, which had its origins in a hugely successful 1975 grassroots pilot project at Olmstead Park, directly east of the North Boulder Recreation Center. Fifty plots were made available to community members through the sponsoring efforts of the Parks and Recreation Department with assistance from a small citizens group. Gradually, due to high demand from the community, the programs physical scope grew to include the approximately 10.5 adjacent acres, owned and leased to the city by the Long family. Today, the program consists of the original Hawthorne garden site, as well as three others: Foothills Community Park, Fortune Park and Hickory Garden. The overall management of the program has transitioned over time from the Parks and Recreation Department to various contractual entities, including Growing Gardens. The City now desires to enter into a multi-year lease with Growing Gardens with the intent that Growing Gardens will manage the Community Gardens Program, set and collect garden plot fees and administer the City's program without City subsidy. The City will retain the right to monitor the program and fees, to ensure that fees are reasonable and that economically disadvantaged residents are not prevented from participating. The parties desire to ensure that the program is a continued success, and to work collaboratively on projects and program components that will assist in meeting the City Council's sustainability goals. AGENDA ITEM # V-B PAGE 1 Key Issue Identification: 1. The City of Boulder desires to continue providing the Community Gardens Program in the most efficient and effective manner. 2. Growing Gardens is a not-for-profit organization with the mission to enrich the lives of Boulder County residents through environmentally sustainable gardening programs that empower people to experience a direct and deep connection with plants, the land and each other and as such is uniquely qualified to manage the Community Garden Program in an environmentally, socially and fiscally sustainable manner. 3. The adoption of a three-year lease agreement will provide continuity and dependability of services to the community, on behalf of the City of Boulder. STAFF RECOMMENDATION: Staff supports the agreement being considered, and recommends that the PRAB authorize its adoption by the City Manager. Motion Language: Staff requests PRAB consideration of this matter and action in the form of the following motion: Motion to authorize the City Manager to enter into a lease agreement with Growing Gardens of Boulder County, a not-for-profit corporation, the provisions of which will permit Growing Gardens to manage the City of Boulder Community Gardens Program for three consecutive years, 2011-2014 (Attachment A). COUNCIL FILTER IMPACTS Economic: Overall economic impacts to the City of Boulder will be neutral however, Growing Gardens will provide services on behalf of the Parks and Recreation Department that is highly valuable to the community. The city will not be responsible for any subsidy to the program, nor will it be liable for any debts or obligations by Growing Gardens. The fee structure will be developed in consideration of expected program operating costs as well as ability of participants to pay. A nominal rent for the property of $1.00/ year will be assessed to Growing Gardens. Environmental: By terms of the agreement, the program will be environmentally sustainable. Wildlife and habitat on garden sites shall be protected as described in the City of Boulder Wildlife Protection ordinances and the Urban Wildlife Management Plan. Weed control will be in alignment with the City of Boulder's Integrated Pest Management ordinance and policy, and no chemicals will be used without prior approval of the City. Irrigation will be actively monitored to prevent erosion and water conservation requirements will be in effect. Social: Equal access and opportunity for participation by all community members will be ensured by means of a required fee waiver or sliding scale fee for those unable to pay AGENDA ITEM # V-B PAGE 2 full cost of a garden plot. Plots will be provided on a first come, first served basis. In addition to administering garden plot rentals, Growing Gardens brings added value to the community, as it administers other gardening programs such as the Cultiva youth program, The Childrens' Peace Garden, Able Gardening: a Horticultural Therapy program for people with disabilities, neighborhood composting, summer camps and workshops, and other enriching activities for program participants. OTHER IMPACTS: Fiscal: With the adoption of the current agreement, Growing Gardens will no longer be occupying office and storage space at the Iris Center and will no longer use city resources such as phones, copiers, computers or meeting spaces. Indirect savings to the department will result. Growing Gardens will bear the full cost of trash and restroom services at the garden sites (except at Foothills Community Park site where public restrooms are available). Although Growing Gardens is required to conserve irrigation water, the city will maintain the irrigation system and provide reasonable water use at no cost based on previous years usage. The City retains the right to charge for all irrigation water should budgetary issues arise that would prevent offering it free of charge. Staff time: Adoption of the agreement in general is not anticipated to require additional staff time beyond that required to provide basic irrigation system maintenance, and typical contract development and oversight. Approved By: Kirk Kincannon, Department Director ATTACHMENTS: Attachment A: Growing Gardens Lease Agreement. AGENDA ITEM # V-B PAGE 3 Attachment A GROWING GARDENS LEASE AGREEMENT THIS LEASE AGREEMENT, (the "Agreement") effective this I" day of January 2011, by and between THE CITY OF BOULDER, a Colorado municipal corporation, (the "City") and Growing Gardens of Boulder County,, a not for profit corporation, whose address is 1630 Hawthorn Avenue, Boulder Colorado 80304 ("Growing Gardens"), collectively (the "Parties"). RECITALS WHEREAS, the City is the owner of certain real property, with the exception of the Hawthorn (Iris Site), and the program known as the "Community Gardens" located within the City of Boulder described generally as follows and more fully described in the attached Exhibit A: Hawthorn site (leased by the Growing Gardens) Foothill Community Park site Fortune Park site Hickory Garden site collectively (the "Property"), and WHEREAS, the City has for many years owned and managed the Community Gardens Program (the "Program"); the City now desires to enter into a multi-year lease with Growing Gardens with the intent that Growing Gardens manage the Community Gardens Program, set and collect the plot fees and administer the City program without any subsidy from the City. The City will retain the right to monitor both the program and setting of plot fees to ensure that the plot fees are reasonable and that the economically disadvantaged are not prevented from participating in the program. WHEREAS, the City desires to grant and convey to Growing Gardens the right to enter and use, for gardening purposes only, the Property, and WHEREAS, Growing Gardens desires to lease the Property from the City and to provide services in support of the Program, and WHEREAS, the Parties desire to ensure that the Program is a success and to work collaboratively to identify projects and programs that will enhance the Boulder City Council's sustainability goals as referenced in the Boulder Valley Comprehensive Plan policies 1.01 Community Sustainability. 1 C:IDOCUMENTS AND SETTINGSUQNCKI\MY DOCUMENTSIGROWING GARDENS 2010 -JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM # U PAGE COVENANTS AND CONDITIONS NOW, THEREFORE, in consideration of the recitals, promises, covenants, and conditions set forth herein, and other good and valuable considerations herein receipted for, the Parties agree as follows: Section 1. TERM The City does hereby grant and convey to Growing Gardens the right to enter and use for gardening and management purposes only, the Property set forth in Exhibit A, a map attached hereto and incorporated herein by reference and, together with any improvements thereon, for the term commencing on January 1, 2011 and, unless earlier terminated as herein provided for, end January 1, 2014, subject to use by the general public and other uses under the City's Parks and Recreation Department policies, ordinances, regulations, and easements. All mineral rights, including oil and gas, are expressly reserved. The Parties hereto intend that this Agreement be treated as the grant and conveyance of a profit a prendre in the Property for purposes of Colorado law and subject to the terms hereof. If Growing Gardens continues to use the Property or otherwise holds over after the expiration of any term of the Agreement, such continued use shall be for a month to month term, ending on the last day of each month. Rent for such month to month term shall be a proration of the rent specified herein, and all other provisions of this Agreement shall remain in effect. Section 2. NO PARTNERSHIP EMPLOYMENT OR AGENCY This Agreement is not intended to and shall not be construed as creating a partnership. Neither Party shall be liable for debts or obligations incurred by the other. Growing Gardens is not intended to be and is not considered by the Parties as an employee or agent of the City of Boulder. Section 3. COLLECTION OF PLOT FEES Growing Gardens is solely responsible for the setting, collecting and use of plot fees in connection with the Program. Growing Gardens will ensure that economically disadvantaged applicants are able to participate in the Program. Growing Gardens shall provide (in writing) a copy of the plot fee schedule and collection procedure to the City thirty (30) days prior to this Agreement taking effect. A fee structure may be developed by Growing Gardens in consideration of the expected operating costs of the Program as well as the ability of garden members to pay. In order to ensure equal access and opportunity to all community members the fee structure must provide a fee waiver or sliding scale fee for those that indicate they are unable to pay the garden plot fee. Plots will be provided on a first come first served basis. 2 MOCUMENTS AND SETTINGS\KINCKI\MY DOCUMENTS\GROWING GARDENS 2010 -JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM # V -b PAG The City has the right to terminate this agreement if it determines that Growing Gardens' plot fees or fee increases are too high (based on the prior year's fee schedule) and if discounted plot fees are not available to the economically disadvantaged. Growing Gardens shall have an opportunity to cure this default, if plots are available. However, if the Parties fail to agree on an acceptable plot fee within 30 days of disclosing such plot fee, the City may at its option terminate this Agreement. Section 4. RENT, TRASH AND RESTROOM MAINTENANCE A. Rent for Property The rent for the Property as described above shall be One ($1.00) Dollar total - per year, due and payable on or before January 1St for each year the Agreement is in effect. Late payments shall be subject to a late penalty computed at a rate of eighteen (18%) percent per annum for any portion of the rent outstanding, and failure to pay rent in a timely manner is grounds for termination. Payments shall be made payable to City of Boulder and mailed or delivered to: City of Boulder Parks and Recreation Department Attn: Kim Moore 3198 N. Broadway Boulder, CO, 80304-2644 B. Iris Building Office Space Growing Gardens has vacated the current City office space located at the Iris building 3198 N. Broadway. The City and Growing Gardens may work collaboratively should Growing Gardens request city owned office space in the future. However, the City cannot guarantee any future office space availability. Rent for any space available will be determined by area commercial office space rates. Any such agreement on future office space will require a written amendment to this lease. C. Trash Fees and Restroom Maintenance Growing Gardens agrees to secure and pay for all necessary trash and restroom service at the Hawthorn Garden, Fortune Garden and Hickory Garden sites identified in Exhibit A. 3 C:IDOCUMENTS AND SETTINGSIKINCKIIMY DOCUMENTSIGROWING GARDENS 2010 -JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM #_V-6_. PAGE Section 5. WEED MANAGEMENT, WILDLIFE and WATER MANAGEMENT A. Wildlife Mana eg ment Growing Gardens agrees that all wildlife and wildlife habitat on the Property shall be protected. The precise wildlife and wildlife habitat subject to this section shall be as reasonably determined by the City from time to time and as more specifically designated or identified in the City of Boulder's Wildlife Protection ordinances and, as appropriate, the Urban Wildlife Management Plan. B. Weed Management Growing Gardens agrees to control weeds on the Property at all times. Weed control may be through cultural, mechanical, biological, grazing, or chemical methods, or by methods as prescribed by City. Herbicide applications shall be limited to Colorado approved chemicals and rates recommended by the City of Boulder's Integrated Pest Management Coordinator and approved by the City. No chemicals shall be used without the prior approval of City. Growing Gardens shall comply with City of Boulder ordinances and policies regarding chemicals and pesticides. C. Water Management Growing Gardens agrees to conserve water, including, but not limited to, diligently applying available water to land and crops; to diligently irrigate the crops; and to prevent soil erosion. Growing Gardens agrees to prevent water from accumulating in low-lying areas in order to prevent mosquito infestation or growth. Since the Community Gardens Program is a City owned program, the City shall maintain the irrigation systems, make repairs as necessary unless acts of negligence, committed by Growing Gardens are evident, and the City shall provide all reasonable water use at no cost, based on the previous year's usage. The City retains the right to charge Growing Gardens for any and all irrigation water costs should the City be unable to provide water for budgetary reasons. Notice shall be given to Growing Gardens at least six (6) months in advance of any failure to provide such water. 4 C:IDOCUN ENTS AND SETTINGSIKINCKI \MY DOCUMENTSIGROWING GARDENS 2010- JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM # V-'6 PAGE Section 6. TERMINATION A. Grounds for Termination The occurrence at any time of the following event shall constitute a Growing Garden's default. The failure of Growing Gardens to perform or cause to be performed any obligation required by Growing Gardens under this Agreement; provided, however, that if such failure by its nature can be cured, then Growing Gardens shall have a period of thirty (30) business days after receipt of written notice from the City of such failure to Growing Gardens to cure the same and a Growing Gardens default shall not be deemed to exist during such period. If a Growing Gardens default as described above has occurred and is continuing, and if Growing Gardens fails to correct or cure the conditions causing such default within thirty (30) days after having received the City's written notice of the City's intent to terminate this Agreement as a result of such default, then the City, at its sole option may terminate this Agreement and it shall be of no further force or effect as of the last day of such thirty (30) day period. Upon termination for any reason or expiration of the term of this Agreement, Growing Gardens shall relinquish all rights to the use of the Property at the end of the term or in the case of a default, at the end of said notice period. If Growing Gardens fails to do so, the City may take such action as the City may deem necessary (all at Growing Gardens' cost and expense) to enforce removal of Growing Gardens and all of Growing Gardens' personal property and improvements from the property by any legal means available. Growing Gardens shall reimburse the City for City's reasonable attorney fees, including the reasonable cost of legal services provided by the City Attorney's office, and costs and expenses of any suit to remove Growing Gardens. B. Settlement Upon Termination Within ninety days of termination of this Agreement, by expiration of its term or otherwise, an accounting shall be created and reconciled between the Parties. Growing Gardens' tools, supplies, or equipment located on the Property shall be subject to the City's lien, herein established, and as may be granted by State law until the City receives payment of any outstanding amount owed to the City. Growing Gardens agrees to transfer, assign, or endorse any of its contracts and payments to City or City's designee. 5 C:\DOCUMENTS AND SETTINGSIKINCKIIMY DOCUMENTS\GROWING GARDENS 2010 - JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010,DOC AGENDA ITEM PAGE C. Condition of Property Upon termination or expiration of this Agreement, Growing Gardens agrees that the Property will be in as good order and condition as it was at the beginning of the Agreement term, ordinary wear and tear, depreciation and loss or damage to the improvements caused by the elements excepted. Section 7. GENERAL COVENANTS A. No work, supplies, or materials shall be contracted for in the name of the City by Growing Gardens. B. Growing Gardens agrees to take and use the Property subject to the usual hazards attendant to a gardening operation and agrees to assume all risks and liability for accidents to Growing Gardens, its family, employees, guests, agents, and contractors on the Property C. The acceptance of use rights hereunder by Growing Gardens shall be conclusive evidence that Growing Gardens has examined the Property and agrees that the improvements and all fixtures thereon were safe, adequate, and suitable for their purposes when Growing Gardens accepted rights to the Property. D. Growing Gardens agrees to indemnify and save harmless the City against any and all claims, debts, demands, or actions of any kind or nature and any and all related costs and expenses, including reasonable attorney fees, by any person or entity, arising, directly or indirectly, from any occurrence occasioned in whole or in part by Growing Gardens' use of the Property, or by any act, omission or negligence of Growing Gardens, its employees, agents, or contractors. Growing Gardens shall store its personal property and shall enter and use the Property at its own risk, and Growing Gardens hereby releases City, to the full extent permitted by law, from all claims of every kind, including damage to merchandise, equipment or other property, or damage to business or for business interruption, arising directly or indirectly from Growing Gardens' use of the Property. E. Growing Gardens shall not assign this Agreement nor lease the Property or any part thereof. No assignment, lease, pledge, or mortgage of Growing Gardens' interest herein shall be made. Growing Gardens shall do no act which shall in any way encumber City's title to the Property, nor permit the Property to become subject to a lien of any kind. F. City shall be accorded access to the Property in cases of emergency and at all reasonable times in order to observe Growing Gardens' use of the Property and all farm and gardening activities and to secure its rights and perform its obligations hereunder. 6 C:IDOCUMENTS AND SETTINGSIKINCKIIMY DOCUMENTS1GROWING GARDENS 2010 -IDLY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITFM # Y . PAGE-L. G. Growing Gardens agrees that any statutory or common law lien on the products produced on the Property for the faithful performance of Growing Gardens' undertakings, is expressly reserved. H. Growing Gardens shall not permit or engage in any hunting or trapping or poisoning or burning or cutting of trees on the Property, or other acts prohibited by City of Boulder Revised Code, 1981 "Code". Growing Gardens agrees to abide by said Code and all other City ordinances, rules and regulations now in force or as they may be amended from time to time, and to abide by all applicable laws and regulations of any other governmental authority. I. City may enter into a licensing agreement or agreements to allow bee hives to be placed on the Property to encourage pollination and plant production. 3. Except as specifically provided for herein, Growing Gardens shall not construct, nor permit construction of, any structure, building or other improvement on the Property without City's prior written approval. K. Growing Gardens shall comply with all applicable laws of the United States, the State of Colorado, Boulder County, and the ordinances and codes of the City, in effect as of the date of this Agreement or during the term of this Agreement. L. Pursuant to Section 12-1-10, B.R.C. 1981, Growing Gardens shall not discriminate against any employee or applicant for employment nor against any applicant or participant in any of its programs because of race, creed, color, national origin, sex, sexual orientation, marital status, religion, ancestry, mental or physical handicap, or age, except when sex or age or absence of mental or physical handicap is a bona fide occupational qualification and in the instance of a handicap, no reasonable accommodation can be made. Nor shall Growing Gardens discriminate in any of these prohibited ways against any garden plot renter, volunteer or other person who's gardening related activities at the site or on its behalf are managed or coordinated by Growing Gardens as a result of this Agreement. M. Growing Gardens shall procure all permits and licenses, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful pursuit of their services under this Agreement. 7 C:\DOCUMENTS AND SETTINGSWNCKIIMY DOCUMENTSIGROWING GARDENS 2010 - IDLY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM # V I , PAGE Section 8. NOTICE A. All notices and demands herein required shall be in writing and shall be sufficient if sent electronically or mailed, postage prepaid, addressed to each Party as follows: To City: Director of Parks and Recreation City of Boulder 3198 N. Broadway Boulder, CO 80304-2644 To Growing Gardens: Growing Gardens of Boulder County, Inc. 1630 Hawthorn Avenue, Boulder, Colorado 80304 B. Notice shall be effective as of the date following the date of mailing. Section 9. SEVERABILITY In the event that any provision hereof shall be unlawful or held to be unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Section 10. NON-WAIVER No assent, express or implied, to any breach of any one or more of the provisions hereof shall be deemed or taken to be a waiver of any succeeding or other breach of the same or a different provision. Section 11. PROHIBITIONS ON CONTRACTS FOR SERVICES Growing Gardens certifies that they shall comply with the provisions of section 8-17.5- 101 et seq., C.R.S. Growing Gardens shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Growing Gardens that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Growing Gardens represents, warrants, and agrees (i) that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this contract through participation in either the E-Verify or the Department Program; (ii) that Growing Gardens is prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre employment screening of job applicants while the public 8 C:\DOCUMENTS AND SMfNGS\KINCKI\MY DOCUMENTS\GROWING GARDENS 2010 -JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM # V ~ PAGE_ contract for services is being performed; and (iii) if Growing Gardens obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Growing Gardens shall be required to: a) Notify the subcontractor and the City within three days that the Growing Gardens has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to 8-17.5-102(2)(b)(III)(A) the subcontractor does not stop employing or contracting with the illegal alien; except that the Growing Gardens shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Growing Gardens further agrees that it shall comply with all reasonable requests made in the course of an investigation under section 8-17.5-102(5), C.R.S. by the Colorado Department of Labor and Employment. If the Growing Gardens fails to comply with any requirement of this provision or section 8-17.5-101 et seq., C.R.S. the City may terminate this contract for breach and Growing Gardens shall be liable for actual and consequential damages to the City. Section 12. INSURANCE Growing Gardens agrees to procure and maintain in force during the term of this Agreement, at its own cost, the following minimum coverage's: A. Workers' Compensation and Employers' Liability State of Colorado: Statutory Applicable Federal: Statutory Employer's Liability: $100,000 Each Accident $500,000 Disease-Policy Limit $100,000 Disease-Each Employee Waiver of Subrogation B. Commercial General Liability Bodily Injury & Property Damage General Aggregate Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 The policy shall be on an Occurrence Form and include the following coverage's: Premises Operations; Personal and Advertising Injury; Medical Payments; Liability assumed under an Insured Contract; Independent Contractors; and Broad Form Property Damage. Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form CG0001. 9 CADOCUN ENTS AND SETTINGSWUNCKI MY DOCUMENTSIGROWING GARDENS 2010 - XLY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA r7Em # PAGE Prior to the execution of this Agreement by the City, Growing Gardens shall forward Certificates of Insurance to the City. The insurance required shall be procured and maintained in full force and effect for the duration of the Agreement. Certificate Holder shall be the City of Boulder at 1777 Broadway, P.O. Box 791, Boulder, CO 80306. All insurance policies (except Workers Compensation) shall include City of Boulder and its elected officials and employees as additional insured's as their interests may appear. The additional insured endorsement should be at least as broad as ISO form CG2010 for General Liability coverage and similar forms for Commercial Auto Liability. The City requires that all policies of insurance be written on a primary basis, non- contributory with any other insurance coverage's and/or self-insurance carried by the City. The City reserves the right to reject any insurer it deems not financially acceptable by insurance industry standards. Property and Liability Insurance Companies shall be licensed to do business in Colorado and shall have an AM Best rating of not less than A- VI. Certificates of insurance on all policies shall give the City written notice of not less than thirty (30) days prior to cancellation or change in coverage. Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the City, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101 et seq., C.R.S., as now or hereafter amended. Section 13. AMENDMENTS/ENTIRE AGREEMENT This Agreement contains the entire Agreement of the Parties and may not be altered or amended except by written Agreement signed by both Parties. DATED this day of )2011. 10 C:IDOCUMENTS AND SETTINGSUCINCKI AMY DOCUMENTS\GROWING GARDENS 2010- JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM # V_ . PAGE IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective as of the day and year first above written. GROWING GARDENS By: Title: STATE OF COLORADO ) COUNTY OF BOULDER ) Acknowledged before me, a notary public, this day of 20_, by as Witness my hand and official seal. My commission expires: Notary Public (SEAL) CITY OF BOULDER City Manager ATTEST: City Clerk on behalf of the Director of Finance and Record Approved as to Form: Copy Received: City Attorney's Office Kirk Kincannon, Director Parks and Recreation Department 11 C:IDOCUMENTS AND SETIINGSIKINCKI\MY DOCUMENTSIGROWING GARDENS 2010 -JULY 23 2010 FINAL CAOVERSION SEPT. CHANGES 2010.DOC AGENDA ITEM V7 ~ PAGEJ± EXHIBIT A LA 7 -t `800 CherTV Ave ins - r E I "-F I 1 hawthorn gardens - I 1630 Hawthom I _ L t O ,3 1 Valmont Rd a 00 - ~ k DE•8C'r• I 401 Canyon Blvd A rapanor. qve b t i j- hickory gardens ^ i ! 100 Hicko Ave E E Baseline Rd J '~a I t~ Table Mesa Dr ^A N M#_ PAGE _j