03-8: Attachment F - PDIMPA — original pdf

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PARKLAND DONATION, IMPROVEMENT, MAINTENANCE, AND PROGRAMMING AGREEMENT (Festival Beach Food Forest at Edward Rendon Sr. Park at Festival Beach) This Parkland Donation, Improvement, Maintenance, and Programming Agreement (Festival Beach Food Forest at Edward Rendon Sr. Park at Festival Beach) (the “Agreement”) is made and entered into by and between FRUITFUL COMMONS, a 501(c)(3) nonprofit organization, and the CITY OF AUSTIN, TEXAS, a Texas home-rule municipal corporation, by and through its Parks and Recreation Department (“PARD") (the "City"). (Fruitful Commons and the City are each a Party and together, the Parties.) RECITALS The City is the owner of certain parkland property located at 2101 Jessie E. Segovia Street in Austin and identified as Edward Rendon Sr. Park at Festival Beach, as shown on Exhibit A (the "Park"); and In 2014, the City Council adopted the Holly Street/Edward Rendon Sr. Park at Festival Beach Vision Plan (the “Vision Plan™), which included direction to establish a food forest pilot program on two-thirds of an acre in the Park, on Festival Beach, with future phased expansion subject to City Council approval. The boundaries of the Festival Beach Food Forest are shown on Exhibit B and include the Parkland Improvements (the “Food Forest”); and The purpose of the Food Forest is to provide fresh, healthy food to the East Cesar Chavez and Holly neighborhoods; and The Festival Beach Food Forest, a project of Fruitful Commons, is committed to advancing the Austin Food Plan, Austin Climate Plan, and the PARD 2020-2030 Long Range Plan. The Festival Beach Food Forest began as a volunteer organization working under the fiscal sponsorship of Urban Patchwork, a 501(c)(3) nonprofit organization, to establish a food forest in the Park; and In 2015, the City entered into a Parkland Improvement Donation Agreement with Urban Patchwork to implement the Food Forest pilot program in accordance with the Vision Plan (“Phase 17); and Founders of the Festival Beach Food Forest worked with Urban Patchwork to implement Phase 1 of the Food Forest; and In 2020, Fruitful Commons became a 501(c)(3) nonprofit organization, and the community leaders of The Festival Beach Food Forest shifted to Fruitful Commons as their fiscal sponsor; and In 2021, the City Council approved Resolution No. 20210729-115 directing the appropriate the Parks and Recreation Department) to partner with Fruitful City department (identified as Commons to plan, design, implement, and maintain Phase 2, a three-acre expansion of the Food Forest, including installation and construction of the improvements described in Exhibit C (the “Parkland Improvements”); and L \Construction-Land-Water\PARD'Fruitful Commons Festival Beach Food Forest PDIMPA Page | The City has determined that the public benefits of the Food Forest and the Park will be substantially enhanced by the installation and construction of the Parkland Improvements and by the maintenance and programming of the Parkland Improvements and the Food Forest by the Nonprofit; and Fruitful Commons wishes to facilitate the goals stated above by designing, constructing, and installing the Parkland Improvements and by maintaining and programming the Food Forest, all at its sole cost, leveraging public funding; NOW, THEREFORE, for and in consideration of the premises and mutual promises, and covenants, the Partics agree as follows: L DEFINITIONS As used in this Agreement and any attachment or exhibit incorporated in it the following definitions have the meanings assigned to each: Contractors means the contractor(s) or subcontractor(s) of the Nonprofit or the Nonprofit's successors or assigns, their employees, agents, materialmen, suppliers, and assigns employed to construct, install, maintain, and/or program the Parkland Improvements and/or the Food Forest. Contractor Insurance Requirements means the insurance coverages required to be maintained by the Nonprofit’s Contractors as described in Exhibit D. Director means the Director of the Parks and Recreation Department or designee. Easement Area means the current Austin Energy casements located within the Park, as shown on Exhibit E, and any future easements recorded by Austin Energy within the Park, as more fully described in Section V(E). Effective Date means the last datc of execution of this Agreement by the Parties, provided both Parties must execute this document in order for it to be effective. Maintenance Requirements means the requirements set forth in Exhibit F that the Nonprofit must adhere to in maintaining the Parkland Improvements and the Food Forest. Nonprofit means Fruitful Commons and its successors and assigns. Nonprofit Insurance Requirements means the insurance coverages required to be maintained by the Nonprofit as described in Exhibit D. Park Rules means the applicable requirements and conditions of Chapter 8-1 of the Austin City Code, as it may be amended from time to time, relating to the administration of public parks, and the guidelines and rules established by PARD for the use and enjoyment of public parks, as they may be amended from time to time, and any successor to such Code, guidelines or rules. Park Specs means the Construction in Parks Specifications set forth in Section 5 of the City's L:\Construction-Land-Water\PARDAFruitful Commons Festival Beach Food Forest PDIMPA Page2 Environmental Criteria Manual, as they may be amended or waived in writing by PARD from time to time, that the Nonprofit must adhere to in constructing the Parkland Improvements. II. TERM The term of this Agreement begins on the Effective Date and terminates five years after the date of the City’s Acceptance Letter (as defined in Section V(B) below) (the “Initial Term™), it being understood and agreed to by the Parties that the installation and construction of the Parkland Improvements shall, unless otherwise agreed to in writing by the Parties, be completed within 5 years of the Effective Date; provided that the Initial Term may be extended for successive five-year terms upon written agreement by the Parties executed at least 180 days prior to the expiration of the then- current term. The Initial Term and any extensions are together, the “Term.” III. DESIGNATION OF PARTY REPRESENTATIVES A. The City designates the Director of PARD as its authorized representative to act on the City’s behalf with respect to this Agreement and designates the Park Planning Division to be the main point of contact with the Nonprofit. B. The Nonprofit designates its Executive Director as its authorized representative to act on its behalf with respect to this Agreement and to be the main point of contact with the City. If the Nonprofit replaces its authorized representative or contract manager, it shall promptly send written notice of the change to the City’s Program Manager, within the Park Planning Division. The notice shall identify a qualified and competent replacement and provide contact information. 1IV. NONPROFIT’S COST RESPONSIBILITIES A. The Nonprofit has the exclusive right to fundraise for the Parkland Improvements and in doing so, will comply with all applicable City, State, and federal laws and regulations, including PARD’s donor recognition guidelines and the City’s sign regulations (City Code Chapter 25-10). B. Within 5 years of the Effective Date, or such additional time as agreed to in writing by the Parties (the “Fundraising Deadline™), the Nonprofit shall submit proof in a form reasonably acceptable to the City that it has raised sufficient funds to pay all costs associated with the Parkland Improvements before commencing. V. NONPROFIT’S DESIGN AND CONSTRUCTION RESPONSIBILITIES A. PARD previously approved the Nonprofit's conceptual plans for the Parkland Improvements. Within 120 days of the Effective Date, or such additional time as agreed to in writing by the Parties, the Nonprofit shall submit construction plans to the City’s Program Manager, as identified in Section XVIII(M) below, to include installation of irrigation and rainwater harvesting lines as needed to serve the Food Forest (the “Irrigation Lines™); a construction budget; and a construction schedule for the Parkland Improvements (collectively, the “Construction Plans™). The City shall approve, conditionally approve subject to additional requirements, or reject the Construction Plans, such response not to be unreasonably withheld, conditioned, or delayed. Upon final approval of the Construction Plans, PARD shall issue a notice to proceed. The Nonprofit shall not undertake any work on the Parkland Improvements until it receives such notice. L:\Construction-Land-Wate\PARD\Fruitful Commons Festival Beach Food Forest PDIMPA Page 3 B. Upon completion of the Parkland Improvements, the Nonprofit’s authorized representative shall notify the City by e-mail that they have been completed (the “Completion Notice”). Within twenty-one (21) calendar days, or such additional time as the Parties may agree to in writing, of receipt of the Completion Notice, the City’s Park Planning Division shall provide a list of items still requiring completion or accept the Parkland Improvements. Upon final acceptance of the Parkland Improvements, PARD shall issue an “Acceptance Letter.” The City’s failure to respond to a Completion Notice within 30 calendar days, or such additional time as agreed to in writing by the Parties, shall be deemed acceptance by the City. C. Notwithstanding the provisions of Sections V(A) and (B) above, the Parties may agree in writing to amend the scope and/or type of Parkland Improvements to be installed and constructed by the Nonprofit. The Nonprofit shall follow the process set out in Sections V(A) and (B) above for any such amended Parkland Improvements. D. The Nonprofit shall install Irrigation Lines to serve the Parkland Improvements and the Food Forest. E. The Nonprofit shall not build within the Easement Area and shall not use it for any purpose (including construction staging) other than implementation of the concept plant schedule (Exhibit C) without prior coordination with and approval from Austin Energy. Implementation of the concept plant schedule consists of installing or growing the plants as shown in the plan, maintaining them, and replacing them as needed. The Nonprofit shall not modify the plans shown in the concept plant schedule for the Easement Area without prior coordination with and approval from Austin Energy. The Nonprotit acknowledges that PARD has advised it that Austin Energy may relocate its current easements and/or record additional easements within the Park in connection with the Texas Department of Transportation’s 1-35 Capital Express Central Project. In such event, PARD agrees to provide the Nonprofit with an updated map showing the locations of any relocated or additional easements as soon as Auslin Energy makes such information available to PARD and the Nonprofit agrees that it shall not build within or otherwise use for any purpose other than implementation of the concept plant schedule (Exhibit C) any relocated or additional Austin Energy easement within the Park without prior coordination with and approval from Austin Energy. The Nonprofit shall not modify the plans shown in the concept plant schedule for any relocated or additional Austin Energy easement within the Park without prior coordination with and approval from Austin Energy. F. Nonprofit shall have no right to place liens against the Park or the Food Forest and shall not allow its Contractors to place any such liens. G. Unless otherwise agreed to in writing by the City, the Nonprofit shall be responsible for all costs associated with the design, installation, and construction of the Parkland Improvements. Any increases in the actual costs of the Parkland Improvements, including cost increases, change orders and overruns, shall be borne by the Nonprofit, unless otherwise agreed to in writing by the City. “Costs” include, but are not limited to, consultant fees, design costs, landscaping costs, labor costs, site restoration and revegetation costs, materials costs, engineering costs, legal fees, utility connection fees, permits, inspection fees, insurance costs and any other costs incurred in the design or construction of the Parkland Improvements. LAConstruction-Land-Water PARD\Fruitful Commons Festival Beach Food Forest PDIMPA. Page d H. The Nonprofit agrees to follow all City ordinances, resolutions, and other rules and regulations, including the Park Rules and Park Specs, and all other laws related to activities and construction as well as the bonding, procurement and competitive bidding State on land owned by the City, law requirements applicable to municipalities, all in the same manner that the City would be required to comply if the City was carrying out the activities and construction of the Parkland Improvements. If applicable, the Nonprofit shall comply with the accessibility provisions of (i) the Americans with Disabilities Act, 42 U.S.C. §12101, et seq., (ii) the Texas Architectural Barriers Act, Ch. 469, Texas Govt. Code, (iii) Americans with Disabilities Act Accessibility Guidelines, and (iv} the Texas Accessibility Standards. Nothing in this Section V(H) shall prevent or prohibit the Nonprofit or PARD from seeking or securing exceptions from, variances to, or waivers of City ordinances, resolutions, rules, or regulations, including the Park Rules or Park Specs. I. The Nonprofit shall not discriminate against any Contractors or applicants for employment because of race, creed, color, national origin, sex, age, religion, veteran status or sexual orientation. The Nonprofit shall take affirmative action to ensure that Contractors are treated during the construction and maintenance of the Parkland Improvements and the maintenance of the Food Forest without regard to race, creed, color, national origin, sex, age, religion, veteran status or sexual orientation. The Nonprofit shall, in all solicitations or advertisements for employment placed on or behalf of the Nonprofit, state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, national origin, sex, age, religion, veteran status or sexual orientation. J. The Nonprofit and its Contractors shall perform the obligations set forth in the Agreement as independent contractors. K. The City is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred, or whose principals are suspended or debarred, from entering into federal, State, or City contracts. By entering into this Agreement with the City, the Nonprofit certifies that neither it nor its principals are currently suspended or debarred from doing business with the federal government, as indicated by the General Services Administration’s List of Partics Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City. L. Atthe City’s written request and prior to beginning construction of the Parkland Improvements, the Nonprofit shall provide proof that it has the ability to pay for all costs to be incurred under this Agreement. Such proof may include an independently certified financial statement or a construction budget approved by the construction lender funding the costs of construction of the Parkland Improvements. V1. NONPROFIT’S MAINTENANCE RESPONSIBILITIES A. Except as provided in Section XVII below, during the Term, and subject to the terms and provisions of this Agreement, the Nonprofit shall, at its sole expense, keep and maintain, or cause to be kept and maintained, and operate, or cause to be operated, the Parkland Improvements and the Food Forest in a good state of appearance and repair (except for normal wear and tear) in compliance with the Maintenance Requirements set forth in Exhibit F, all at the sole expense of the Nonprofit. La\Construction-Land-Water\PARDFruitful Commons Festival Beach Food Forest PDIMPA Page 5 . Notwithstanding the provisions of Section VI(A) above, PARD shall be solely responsible for the maintenance of all trees not planted by the Nonprofit within the Food Forest. For any trees or other improvements not already approved in the site plan process, the Nonprofit shall receive approval for a Community Activated Park Project (CAPP) prior to planting any trees. PARD shall provide written approval through the CAPP Program or from the Park Planning Dlvusmn such approval not to be unreasonably withheld, conditioned, or delayed. . To the extent applicable, the Nonprofit shall comply with the City’s water and energy conservation rules and regulations applicable to. and maintenance of the Parkland Improvements and the Food Forest. These rules and regulations are at http://www.austintexas.gov/department/water-conservation. construction, use, installation, the . Neither the Nonprofit nor its employees, agents, or volunteers shall cause or permit any hazardous materials to be brought upon, kept, used, stored, generated, or disposed of in, on, or about the Food Forest or transported to or from the Food Forest. . Except for vehicles needed for maintenance or repair of the Food Forest, the Nonprofit shall not allow any vehicle in the Food Forest. . The Nonprofit shall not charge admission fees, concession fees, rent, or other charges for use of the Park Improvements or the Park. . The Nonprofit shall provide written notice to the City’s Program Manager of any damage (except for normal wear and tear), vandalism, needed repairs, or safety issues within the Food Forest within 24 hours of becoming aware of the issue. If the damage, vandalism, needed repairs, or safety issues occurred while the Nonprofit’s staff was on the premises of the Food Forest, the Nonprofit shall complete the needed work on a timely basis and promptly notify the City’s Program Manager in writing of its completion. If the damage, vandalism, needed repairs, or safety issues did not occur while the Nonprofit’s staff was on the premises of the Food Forest, PARD shall complete the needed work on a timely basis. . Upon written notification to the Nonprofit, the City has the right to approve any company hired or otherwise placed under contract by the Nonprofit for the maintenance of the Parkland Improvements and/or the Food Forest, such approval not be unreasonably withheld, conditioned, or delayed. The Nonprofit shall provide to the City the name of the individual or company, the work plan, and evidence that the individual or company is bonded and insured. to VIL. NONPROFIT’S PROGRAMMING RESPONSIBILITIES . Subject to the terms and conditions of this Agreement, the Nonprofit shall have the right to schedule, organize, promote, and conduct activities and uses in the Food Forest on its own initiative in accordance with its Annual Programming Plan (as defined in Section VII(C) below) and with City processes. . The Nonprofit has submitted an initial programming plan for the programming of the Food Forest, attached as Exhibit G, which has been approved by the City’s Program Manager. The Initial LAConstruction-Land- Waler\PARD:Fruitful Commons Festival Beach Food Forcst PDIMPA Page 6 Programming Plan includes a programs and activities schedule and covers the time period through September 30, 2025, C. Not later than October 1 following the Effective Date and not later than each subsequent June 1 during the Term, the Nonprofit shall submit an annual programming plan for the programming of the Food Forest for the upcoming calendar year (the “Annual Programming Plan”) to the City’s be unreasonably delayed, Program Manager for written approval (such approval not conditioned, or withheld). The Annual Programming Plan shall be in a form reasonably acceptable to the City and include a programs and activities schedule for the upcoming calendar year and a All report regarding the then-current calendar year’s programming, events, and activities. approved Annual Programming Plans shall be incorporated into and made a part of this Agreement. to D. The Nonprofit shall submit in writing any amendment it desires to make to the then-current Annual Programming Plan to the City’s Program Manager for written approval or rejection (such response not to be unreasonably delayed, conditioned, or withheld). E. The Nonprofit will comply with the communication guidelines set out in PARD’s Best Practices for Public Transparency and Joint Messaging. F. Except as provided for in the approved Annual Programming Plan, the Nonprofit shall not charge admission fees, concession fees, rent, or other charges for use of the Parkland Improvements or the Food Forest. G. Except as otherwise provided this Agreement, the Annual Programming Plan shall (i) comply with the Park Rules, (ii) comply with all other applicable laws and governmental regulations, rules and orders now in effect or that may be adopted relating to the programming of the Food Forest, and (iii) secure all applicable permits and licenses required for the programming of the Food Forest. H. The Nonprofit shall not close or otherwise restrict access to any portion of the Food Forest or the Park that is open to the public. I If either Party believes the Parkland Improvements and/or the Food Forest are being overused, it shall promptly notify the other Party’s Program Manager. If the other Party agrees that overuse is occurring, the Parties shall work in good faith to develop a mutually agreeable plan to alleviate the overuse. VIIL CITY’S RESPONSIBILITIES A. The City grants the Nonprofit and its Contractors the right to enter the Park (the “Temporary Right of Entry”) and a temporary license for access over, under, across, and upon the Park and the Food Forest for the purpose of constructing and maintaining the Parkland Improvements (the “Temporary Access License”). The Temporary Right of Entry and Temporary Access License (together, the “Access Rights”), unless extended in writing by the City’s Program Manager, shall expire automatically at midnight on the date this Agreement is terminated. The Access Rights relate solely to the Nonprofit's rights related to the design, construction, and maintenance of the Park Improvements. The Parties agree that the Nonprofit and its licensees, guests, and invitees Li\Construction-Land- WatedP ARD\Fruitful Commons Festival Beach Food Forest PDIMPA Page 7 shall have the same access and rights to use the Park and the Food Forest as public parkland as the public and shall have access to the Park and the Food Forest seven days a week, from 5 A.M. until 10 P.M. . The City shall comply with its maintenance responsibilities as set forth in Exhibit F. . PARD staff will assist in securing all permits and approvals necessary to construct and maintain the Parkland Improvements and to program the Food Forest. The Nonprofit and its Contractors will coordinate with the City’s Program Manager to provide information that is necessary or that will facilitate applications for permits and approvals. . Following the City’s issuance of the Acceptance Letter described in Section V(B) above, the City may, in its sole discretion, undertake maintenance in the Food Forest, repair or modify the Parkland Improvements, or construct additional improvements, provided the City gives at least 60 days written notice to the Nonprofit before commencing any non-emergency repair, modification, or construction. . The City retains the right to inspect construction of the Parkland Improvements and to exercise its rights or duties in order to ensure compliance with applicable laws in the Park. The City may conduct periodic and regular inspections of the Parkland Improvements and the Food Forest to ensure that the Nonprofit is complying with fire, safety and sanitation regulations and other applicable provisions contained in this Agreement. The City will notify the Nonprofit of its findings and specify any items needing attention in order to comply with legal requirements. . The City retains the right to close the Park and/or Food Forest to the public if the City, in its sole discretion, determines that a condition of the Park and/or the Food Forest poses an immediate, serious threat to the public health or safety. In such a circumstance, the City will provide the Nonprofit with notice of, and the reason for, the closure as soon as reasonably practicable, but is not required to provide notice to the Nonprofit prior to the closure. . Upon termination of this Agreement, the City will assume sole responsibility, at its sole cost, for maintenance of the Food Forest. . The City retains complete title to and full rights of ownership of the Food Forest during and after the Term of this Agreement and of the Parkland Improvements during and afler their construction. IX. ADDITIONAL CONSTRUCTION IN FOOD FOREST . If, after the City has issued the Acceptance Letter described in Section V(B) above, the Nonprofit wishes to undertake additional alterations, improvements, or new construction work (including, but not limited to, utilities or signage) to the Parkland Improvements and/or the Food Forest (including, but not limited to, utilities or signage) the Nonprofit shall first obtain written approval from the City’s Program Manager, such approval not to be unreasonably withheld, conditioned, or delayed. If such additional work requires new permits or site plan corrections, the City’s Program Manager shall timely review such plans or corrections. . In performing or conducting the activities described in Section IX(A) above, the Nonprofit shall minimize the impact of such activities on the public’s use of the Food Forest and the Park to the L:\Construction-Land-Water\PARD\Fruitful Commons Festival Beach Food Forest PDIMPA. Page 8 greatest extent feasible. In addition, except for routine, day-to-day maintenance and operation, the Nonprofit will reasonably notify and coordinate with the City’s Program Manager regarding these activities. g X. INSURANCE During the Term, the Nonprofit shall procure and maintain insurance coverages, and shall require its Contractors to maintain in full force and effect insurance coverages, in accordance with the requirements set forth in Exhibit D. XI. CONDITION OF PREMISES; DISCLAIMER OF WARRANTIES Except as otherwise expressly provided in this Agreement, neither the City nor any agent, employee, or representative of the City makes or has made any warranties or representations, express or implied, with respect to the physical condition of the Food Forest or the Park or their fitness or suitability for any particular use. XII. NO RECOURSE No recourse shall be had against any elected official, director, officer, attorney, agent, or employee of the City, whether in office on the Effective Date of this Agreement or after such date, for any claim based upon this Agreement. XIII. ASSIGNMENT The Nonprofit shall not assign or otherwise transfer its interests in this Agreement without the prior written consent of the City, which consent may be withheld in the City’s sole discretion. The Nonprofit acknowledges that the City must be assured that any assignee has the financial and development capabilities to satisfy its obligations under the Agreement and if the assignee does not have such capabilities, the City may require a guaranty or similar assurance of such obligations. The City shall not assign or transfer its interest in this Agreement without the prior written consent of the Nonprofit, which consent may be withheld in the Nonprofit’s sole discretion. XIV. FORCE MAJEURE A. Each Party to this Agreement agrees to excuse the failure of the other Party to perform its obligations under this Agreement to the extent that failure is caused by an event of Force Majeure. Force Majeure means acts and events not within the control of the Party and which the Party could not use due diligence to avoid or prevent. Events of Force Majeure include: i. it. The total or partial destruction of the Park or the Park Improvements by any cause, casualty, or unforeseen oceurrence; The imposition of local, State or federal measures, orders, declarations, travel restrictions, quarantines, or isolation in response to the outbreak of an infectious disease, epidemic or L \Coustiucion-Land-Wae\PARD! Fruitful Commons Festival Beach Food Forest PDIMPA Page 9 pandemic in the City that involves, includes, or affects the Park, the Park Improvements, or the ability to appropriately deploy employees or contractors; iii. iv. Lightning, earthquakes, fires, storms, floods, and landslides; Anact of terrorism, strike, sabotage, civil disturbance, or disaster declaration; v. Circumstances beyond the Party’s control that render the Party’s performance impossible. Force Majeure does not include economic or market conditions which affect a Party’s cost but not its ability to perform. B. The Party invoking Force Majeure shall give timely and adequate notice to the other Party of the event by telephone or e-mail, and then the Party must promptly provide written notice of the Force Majeure as described in Section XVIII(N). The Party shall use due diligence to remedy the effects of Force Majeure as soon as reasonably possible. If a Party’s performance is delayed by the event of Force Majeure, the Parties shall mutually agree to extend the time for the completion of obligations by a period of time reasonably necessary to overcome the effect of the Force Majeure event; provided, however, that if a Party is unable to perform for more than 90 days, the non- affected Party shall have the right to terminate this Agreement upon written notice to the affected Party delivered prior to the date that performance resumes. XV. LIABILITY AND INDEMNIFICATION (THE ASSIGNS, A. THE NONPROFIT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS OFFICERS, APPOINTED OR ELECTED OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNIFIED PARTIES"”) AGAINST ALL COSTS, LIABILITIES, DAMAGES, CLAIMS, SUITS, ACTIONS, AND CAUSES OF ACTIONS (THE “CLAIMS”), ARISING, DIRECTLY OR A BREACH OF THIS AGREEMENT OR VIOLATION OF INDIRECTLY, OUT OF (A) LAW BY THE NONPROFIT, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS OR FALSE NONPROFIT REPRESENTATION OR WARRANTY MADE BY THE NONPROFIT PARTIES IN THIS AGREEMENT; OR (C) THE NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF A STANDARD OF STRICT LIABILITY BY THE NONPROFIT PARTIES IN CONNECTION WITH THIS AGREEMENT. CLAIMS TO BE INDEMNIFIED UNDER THIS ARTICLE INCLUDE, BUT ARE NOT LIMITED TO, CLAIMS FOR BODILY INJURY OR DEATH, OCCUPATIONAL ILLNESS OR DISEASE, LOSS OF SERVICES WAGES OR INCOME, DAMAGE, DESTRUCTION OR LOSS OF USE OF PROPERTY, AND WORKERS’ COMPENSATION CLAIMS. THE NONPROFIT’S OBLIGATIONS UNDER THIS ARTICLE ARE NOT EXCUSED IN THE EVENT A CLAIM IS CAUSED IN PART BY THE ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT OF THE INDEMNIFIED PARTIES.T PARTIES"); “THE (B) A B. The City shall give the Nonprofit written notice of a Claim asserted against an Indemnified Party. The Nonprofit shall assume on behalf of the Indemnified Parties and conduct with due diligence and in good faith the defense of all Claims against the Indemnified Parties. The Indemnified Parties shall have the right (but not the obligation) to participate in the defense of any claim or L:\Construction-Land-Waten\PARD\Fruitful Commons Festival Beach Food Forest PDIMPA Page 10 litigation with attorneys of their own selection without relieving the Nonprofit of any obligations in this agreement. In no event may the Nonprofit admit liability on the part of an Indemnified Party without the written consent of City Attorney. . Maintenance of the insurance required under this Agreement shall not limit the Nonprofit’s obligations under this Article. The Nonprofit shall require all successors and assigns to indemnify the City as provided in this Article. . The Parties acknowledge and agree that in no event shall the Nonprofit have legal responsibility or liability for Claims that are caused by a person who is not an employee, agent, volunteer, participant, invitee, or guest of the Nonprofit. XVI. DISPUTE RESOLUTION . In the event of a dispute, the Parties shall attempt in good faith to informally negotiate a resolution, Either Party may make a written request for a meeting between representatives of each Party, and the meeting shall occur within 14 calendar days after receipt of the request. The Parties may agree in writing to additional meetings, and each Party will send at least one representative with decision-making authorily to each meeting. If the Parties have not succeeded in negotiating a resolution of the dispute within 30 days of the last meeting, they shall proceed directly to mediation as described below. Informal negotiation may be waived by a written agreement signed by both Parties, in which event the Parties shall proceed directly to mediation as described below. . The Parties shall act in good faith to select a mediator within 30 calendar days of the date of the written agreement waiving informal negotiations or within 60 calendar days of the last informal negotiation meeting. If the time period for selecting a mediator has expired with no agreement, the mediator shall be selected by the Travis County Dispute Resolution Center. Mediation will take place in Austin, Texas and the Parties shall share the costs of mediation equally. The Parties agree to participate in mediation in good faith for up to 30 calendar days from the date of the first mediation session. Neither Party may file suit until at least 45 calendar days after the date of the first mediation session. . The Parties may agree in writing to change any of the time periods specified in this Section XVI. XVII. SUSPENSION; TERMINATION; DEFAULT; REMEDIES . Atany time during construction of the Parkland Improvements and for good cause, as determined in the City’s sole discretion, the City may suspend the work (or any portion of it) for not more than ninety (90) calendar days by providing at least fifteen (15) calendar days’ written notice to the Nonprofit. The notice shall provide the date on which the Nonprofit will resume the work, and the Nonprofit shall resume on that date. . Either Party may terminate this Agreement for convenience with 180 calendar days written notice to the other Party. Upon receipt of the notice, the Party receiving the notice shall immediately stop performance of services (unless the Notice directs otherwise) and deliver all documents, programs, reports, and materials accumulated in performing this Agreement (whether finished or in process) to the Party giving the notice within thirty (30) calendar days, or as otherwise stated in the Notice. If the Nonprofit terminates this Agreement prior to the City’s issuance of the L:\Construction-Land-Water\PARD!Fruitful Commons Festival Beach Food Forest PDIMPA Page 11 Acceptance Letter, then the Nonprofit shall pay all outstanding costs and obligations incurred in connection with construction of the Parkland Improvements up to the date of termination. . . If cither Party breaches its obligations under this Agreement, the other party will notify the breaching party in writing of the specific breach(es). The breaching Party will have thirty (30) calendar days from receipt of the notice in which to cure the breach(es). If the breach cannot be reasonably cured within the 30 calendar days and the breaching Party has diligently pursued such remedy as is reasonably necessary to cure the breach, then the Parties may agree in writing to an extension of the period during which the breach must be cured. If the breach is a material breach of the Agreement, and if the breaching Party has not cured it within the required time, then the non-breaching Party, at its sole option, may terminate the Agreement. This termination shall be made by sending written notice (the “Notice of Termination”) to the breaching Party and will be effective for all purposes when deposited in the U.S. Mail, postage prepaid and mailed Certified Mail, Return Receipt Requested. . Upon termination of the Agreement, the City may, but is not obligated to, assume possession and control of the Park Food Forest and/or any contract documents or contract rights related to construction or maintenance of the Parkland Improvements and/or the Food Forest. In such event, the Nonprofit shall be relieved of liability for any claims, injuries or losses resulting from negligent acts or omissions of the City, its employees, or agents. . In the event of a material breach by the Nonprofit, termination of the Agreement pursuant to Section XVII(D) above does not relieve the Nonprofit of its obligation to pay any sum or sums due and payable to the City under the Agreement at the time of termination, or any claim for damages then or previously accruing against the Nonprofit under the Agreement. Any such termination shall not prevent the City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from the Nonprofit for any default under the Agreement. All of the City’s rights, options, and remedies under this Agreement are cumulative, and none of them is exclusive of any other. XVHI, MISCELLANEOUS PROVISIONS . This Agreement constitutes the entire agreement between the Parties. Any previous agreement, assertion, statement, understanding, or other commitment before the date of this contract, whether written or oral, will have no force or effect. . Each Party warrants and represents that the person signing this Agreement on its behalf is authorized to do so, that it has taken alt action necessary to approve this Agreement, and that this Agreement is a lawful and binding obligation of the Party, except as may be limited by applicable bankruptcy, insolvency, or similar laws affecting creditor’s rights, or, with respect to the City, governmental immunity under the Constitution and laws of the State of Texas. . The Parties bind themselves and their successors in interest, assigns and legal representatives to this Agreement. L:\Construction-Land-Water\PARD Fruitful Commons Festival Beach Food Forest PDIMPA Page 12 . Regardless of the actual drafter of this Agreement, this Agreement will, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party. . . This Agreement may be executed in counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic records and are executed electronically. If the final judgment of a court of competent jurisdiction invalidates any part of this Agreement, the remaining parts will remain in full force and effect. . This Agreement is made, and shall be construed and interpreted under, the laws of the State of Texas. Mandatory venue for any lawsuit arising out of this Agreement shall be in a court located in Austin, Travis County, Texas. . This Agreement may be amended only by a writing properly executed by each of the Parties. Provided the amendment does not obligate the City to pay an amount in excess of the then-current administrative authority of the City Manager, and the form of amendment is approved by the City Law Department, the Director is authorized to execute any amendment to the Agreement on behalf of the City without authorization by the City Council. The Nonprofit acknowledges that the City has provided notice of Article VIII, Section 1 of the Austin City Charter, which prohibits the payment of any money to any person who is in arrears to the City for taxes, and of Section 2-8-3 of the Austin City Code concerning the right of the City to offset indebtedness owed to the City. The City is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred, or whose principals are suspended or debarred, from entering into federal, State, or City contracts. By entering into this Agreement with the City, the Nonprofit certifies that neither it nor its principals are currently suspended or debarred from doing business with the federal government, as indicated by the General Services Administration’s List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City. . The Nonprofit acknowledges that the City has provided notice that the City’s payment obligations to the Nonprofit, if any, are payable only from funds appropriated or available for the purpose of this Agreement. If the City does not appropriate funds for this Agreement, or if there are no other lawfully available funds for this Agreement, the City shall provide notice to the Nonprofit of the failure of City to make an adequate appropriation for any fiscal year to pay the amounts duc under the Agreement or the reduction of any appropriation to an amount insufficient to permit City to pay its obligations under the Agreement. . If at any time the City fails to enforce this Agreement, whether or not any violations of it are known, such failure shall not constitute a continuing waiver or estoppel of the right to enforce the Agreement. . Except as otherwise expressly provided in this Agreement, neither the City nor any agent, employee, or representative of the City makes or has made any warranties or representations, L:\Construction-Land-Water| PARD\Fruitful Commons Festival Beach Food Forest PDIMPA Page 13 express or implied, with respect to the physical condition of the Courts or NWRC their fitness or suitability for any particular use. M. All official communications and notices required to be made under this Agreement will be deemed made if sent U.S. first class mail, postage prepaid, or by email to the Parties at the addresses listed below: If to the City: Jestis Aguirre, or successor, Director Parks and Recreation Department City of Austin P. 0. Box 1088 Austin, Texas 78767 E-mail: JesusS.Aguirre@austintexas.gov With a copy to the City’s Program Manager: Christine Chute Canul, or successor Parks and Recreation Department City of Austin P. O. Box 1088 Austin, Texas 78767 E-mail: christine.canul@anstintexas.gov If to the Nonprofit: Jodi Lane, or successor, Executive Director Fruitful Commons 1217 Alegria Rd Austin, TX 78757 Email: jodi@fruitfulcommons.org With a copy to the Nonprofit’s Phase 2 Coordinator for Festival Beach Food Forest: Aly Tharp, or successor, Festival Beach Food Forest Purpose Circle Coordinator 1217 Alegria Rd Austin, TX 78757 Email: alytharp@gmail.com [Remainder of page intentionally blank] L:\Construction-Land. Water\PAR D Fruitfol Commons Festival Beach Food Forest PDIMPA Page 14 FRUITFUL COMMONS By: IA/-‘/"’“‘-} Name: Jodi Lane Title: Executive Director, Fruitful Commons Date: July 2, 2025 CITY OF AUSTIN, TEXAS, BY AND THROUGH ITS PARKS AND RECREATION DEPARTMENT I;;giji:’alliysigned by Jests. Jesus By: Ag uirEe 5)35‘8.0‘2025.07.07 15:49:32 Jesus Aguirre, Director Date: APPROVED AS TO FORM: CiTY LAW DEPARTMENT By: Assistant Date: __,h“;“ z 10265 Exhibits: Exhibit A: Edward Rendon Sr. at Festival Beach Park Map Exhibit B: Food Forest as shown in Holly Shores/Edward Rendon Sr. at Festival Beach Vision Plan Exhibit C: Parkland Improvements Exhibit D: Insurance Requirements Exhibit E: Easement Area Exhibit F: Maintenance Requirements Exhibit G: Initial Programming Plan Li\Construction-Land- Water\ PARD!Fruitful Commons Festival Beach Food Forest PDIMPA Page 15 Attachments: Exhibit A: Edward Rendon Sr. at Festival Beach Park Map Exhibit B: Food Forest as shown in Holly Shores/Edward Rendon Sr. at Festival Beach Vision Plan Exhibit C: Parkland Improvements Exhibit D: Insurance Requirements Exhibit E: Easement Area Exhibit F: Maintenance Requirements Exhibit G: Initial Programming Plan Exhibit A Edward Rendon Sr. at Festival Beach Park Map [see attached] ArcGIS Web Map04 March 2025ARTDILLYDRGARDENSTHASKELLSTNASHHERNANDEZSRRDRIVERVIEWSTCHICONSTLADYBIRDLAKEBONHAMTERERIVERSIDEDRLADYBIRDLAKENorwoodTractatTownLakeMetroParkHASKELLSTGARDENSTROBERTTMARTINEZJRSTHOLLYSTRIVERVIEWSTLYNNSTLADYBIRDLAKEEdwardRendonSr.MetroParkatFestivalBeachHollyShoresatTownLakeMetroParkInternationalShores at Town LakeMetropolitan Park_3Edward Rendon Sr.Metro Park atFestival BeachManuel andRobert DonleyPocket Park±00.0450.09miThis product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. This product has been produced by the City of Austin for the sole purpose of geographic reference.No warranty is made by the City of Austin regarding specific accuracy or completeness.1:6,789Exhibit B Food Forest as shown in Holly Shores/Edward Rendon Sr. at Festival Beach Vision Plan [see attached] Maintain the simple, tranquil character of the West Park (Proposed) The areas of shade trees and lawn can be significantly improved in terms of habitat quality, ecological function and overall appearance with the removal of invasive species, soil amendment, native planting, thinning the tree canopy and small adjustments to the topography to collect and infiltrate stormwater. Native turf meadows and regulated mowing regimes will encourage species diversity and reduce water use. Adding shade trees will improve the comfort of park facilities, especially around the Martin Pool. Improvements to the riparian habitat at the lake edge will help control erosion, filter sediment and pollutants carried in stormwater, support the health of the aquatic ecosystem, and provide flood control. Improving the area under I35, with improved lighting, signage, clearly defined pedestrian, bicycle and vehicular areas, and a new fishing deck protecting the lake edge will create a welcoming threshold to Holly Shores, a place of orientation before entering the park. 92 Michael van valkenburgh associates LEGEND 1. Deck Under I-35 & Footbridge 2. ADA Accessible Paths 3. Retain Existing Shade Trees & Lawn 4. 8’W Pedestrian Trail 5. 11’W Bicycle Trail 6. Nash Hernandez Building 7. Food Forest 8. Existing Parking 9. Enhance Existing Park Facilities 10. Boat Launch 11. Enhance Lake Edge Habitat 7 1 2 Figure 92. West Park Proposed Illustrative Plan 8 3 2 5 8 4 9 8 8 6 8 10 11 93 Exhibit C Parkland Improvements [see attached] Grey areas = Maintenance (no build) Zones Grey areas = Maintenance (no build) Zones Community Garden Shared area - FBFF Tool Shed and storage Zone FBFF Existing Phase 1 Material Staging Zone with vehicular access. Labyrinth of Native Grasses Phase 2.1 to include the 160' long native, evergreen thicket on wide berm. Including earthworks, understorey trees, shrubs and groundcover. ESC LN Site Plan Areas Festival Beach Community Garden Festival Beach Food Forest Phase 1 Festival Beach Food Forest Phase 2 Zone extents / delineations Phase 2.1 Legend Included in Phase 2.1 and grant application This site map only shows existing trees and planting to be added in phase 2.1. Phase 2.1 Planting List Key Species Count AO BC CL ERC ESC FI KW LLP LN ML MW OLM PA1 PA2 PA3 RD SEG ST WSB YH Anacacho Orchid Barbados Cherry Cherry Laurel Eastern Red Cedar Escarpment Cherry False Indigo Kidney Wood Loblolly Pine Linden Mountain Laurel Wax Myrtle Olive (Mission) Chojuro Pear Sheinko Pear Shinseiki Pear Roughleaf Dogwoods Evergreen Sumac Silk Tassels Western Soapberry Yaupon Holly - Standard 3 3 3 3 1 3 4 3 1 10 4 3 1 1 1 2 5 2 3 8 LLP Phase 2.1 to include the new canopy trees for the whole phase 2 area. R ai n g a r d e n ( ~ - 5') LLP LLP ERC R ai n g a r d e n ( ~ - 5') ERC ERC WSB WSB WSB PA1 PA2 PA3 1 Site Plan - Phase 2.1 3/64" = 1'-0" Pear Grove (Asian) Phase 2.1 to include earthworks to the long berms and swales and a covercrop to stabilize them. CRZ 50% 201 M CRZ 50% 202 M CRZ 50% 203 M PHASE 1 LIMITS OF CONSTRUCTION PHASE 1 LIMITS OF CONSTRUCTION NEW FENCE EXISTING FENCE CRZ 50% 106 H 6' ADA STABILIZED DECOMPOSED GRANITE PAVING W/ RETAINING CURB (TYP) 258 SF 26' 2' 8' 1 NEW FENCE EXIST RAIN GARDEN 50% 107 H CRZ 50% 111 H CRZ 50% 112 12' 4' 36' 2 3 12" Ø MULCH SILT SOCK PHASE 1 LIMITS OF CONSTRUCT 1 2 3 8'x20' SHIPPING CONTAINER CONC PAVING (936 SF) STL SUPPORT FOR FABRIC SHADE W/ CONC FTG CRZ 50% 117 M 6' ADA STABILIZED DECOMPOSED GRANITE PAVING W/ RETAINING CURB (TYP) 288 SF PHASE 1 LIMITS OF CONSTRUCTION EXIST CONC SIDEWALK EXIST BRIDGE OVER RAIN GARDEN IMPERVIOUS COVER/ LIMITS OF CONSTRUCTION CALCULATIONS SITE ELEMENT AREA (S.F.) COVERAGE TOTAL LOT (REFER TO EXHIBIT C PLAN 11,176.0 SF (.26 ACRE) IMPERVIOUS COVER RETROFITTED SHIPPING CONTAINER CONCRETE PAVING CONCRETE PAVING TOTAL IMPERVIOUS COVER LIMITS OF CONSTRUCTION 160.0 770.0 770.0 936.0 2,132.2 8.4% 1 SITE CALCULATIONS REVISED NOTES ADDED TREE PROTECTION/ ENVIRONMENTAL CONTROL NOTES · · · · · No trees will be removed or disturbed. No construction activity will occure with the half-critical root zone of existing trees. Environmental controls, including tree protection and erosion control measures shall comply with City of Austin details. All areas disturbed by construction activity shall be restored with seeding or sodding as per City of Austin specifications. Refer Sheet A1.0 for Details EXIST CONC SIDEWALK CRZ 50% 113 M PHASE 1 LIMITS OF CONSTRUCTION FESTIVAL BEACH HARVEST HUB CRZ 50% 134 M CRZ 50% 132 M 4/16/2024 b u H t s e v r a H h c a e B l a v i t s e F I I T F O R T E R R E N A T N O C G N P P H S I I 2 0 7 8 7 s a x e T , n i t s u A t e e r t S r e l l a W 2 / 1 5 2 TREE SCHEDULE CRZ 50% 129 H AREA MAP ISSUED: BUILDING PERMIT SET BUILDING PERMIT SET REVISIONS- 4/16/24 Project No.: TA-24-001 N plan north W E S SITE PLAN SCALE: 1" = 20'-0" 1 TREE CRZ INFO ADDED TREE SCHEDULE ADDED LIMITS OF CONSTRUCTION REVISED EROSION CONTROL ADDED REVISIONS 4/16/24- DSD MASTER COMMENTS 1 2 3 4 SHEET NUMBER: A0.0 Reviewed by: Date: 1/5/2024 EKT Commercial_Restaurant File: Drawn by: EKT RETROFITTED SHIPPING CONTAINER W/ NEW FINISHES RETROFITTED SHIPPING CONTAINER W/ NEW FINISHES NEW 72" x 44" PASS-THRU ADA 18" COUNTER @ 30" ABOVE GRADE RETROFITTED SHIPPING CONTAINER W/ NEW FINISHES NEW 36" x 80" STL DOOR RETROFITTED SHIPPING CONTAINER W/ NEW FINISHES NORTH SOUTH WEST EAST COA DETAILS ADDED 1 SECTION SCALE: 3/8" = 1'-0" ELEVATIONS SCALE: 1/4" = 1'-0" 20'-0" " 0 - ' 8 " 0 - ' 8 STORAGE 14" ADJ SHELVES (TYP) WORK AREA 36" x 80" STL DOOR 72" PASS-THRU ADA COUNTER @ 30" ABOVE GRADE N plan north FLOOR PLAN SCALE: 1/4" = 1'-0" W E S 4/16/2024 b u H t s e v r a H h c a e B l a v i t s e F I I T F O R T E R R E N A T N O C G N P P H S I I 2 0 7 8 7 s a x e T , n i t s u A t e e r t S r e l l a W 2 / 1 5 2 ISSUED: BUILDING PERMIT SET- 4/16/24 Project No.: TA-24-001 Commercial_Restaurant File: Drawn by: EKT Reviewed by: Date: 1/5/2024 EKT REVISIONS 4/16/24- DSD MASTER COMMENTS 1 2 3 4 SHEET NUMBER: A1.0 Exhibit D Insurance Requirements [see attached] Insurance Requirements Partner and its Contractors are required to carry workers’ compensation insurance, and general liability insurance with combined single coverage limits in an amount of not less than $1,000,000.00 per occurrence. Within thirty (30) days of executing this Agreement, and prior to any maintenance activities in the Park, Partner shall furnish to the City the following current certificates of insurance: A. Commercial General Liability insurance with a minimum bodily injury and property damage per occurrence limit of $500,000 for coverages A & B. The policy shall contain the following provisions: 1. Blanket contractual liability coverage for liability assumed under this contract and all contracts relative to this Agreement. 2. Completed Operations/Products Liability for the duration of the warranty period. 3. Explosion, Collapse, and Underground (X, C, & U) coverage. 4. Independent contractors’ coverage. 5. City of Austin listed as an additional insured, endorsement CG 2010. 6. 30-day Notice of Cancellation in favor of the City of Austin, endorsement CG 0205. 7. Waiver of Transfer Right of Recovery Against Others in favor of the City of Austin, endorsement CG 2404. B. Business Automobile Liability insurance for all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsements in favor of the City of Austin: 1. Waiver of Subrogation, endorsement TE 2046A. 2. 30-day Notice of Cancellation, endorsement TE 0202A. 3. Additional Insured endorsement TE 9901B. C. All Contractors and subcontractors providing services in the Easement Area shall carry insurance in the types and amounts indicated below for the duration of their contracts. Specific Requirements for Partner Contractors and Subcontractors: D. 1. Workers’ Compensation and Employers’ Liability Insurance coverage with limits consistent with the statutory benefits outlined in the Texas Workers’ Compensation Act (Section 401) and minimum policy limits for employer’s liability of $100,000 bodily injury each accident, $500,000 bodily injury by disease policy limit, and $100,000 bodily injury by disease each employee. The Contractor’s policy shall apply to the State of Texas and include the following endorsements in favor of the City of Austin: a. Waiver of Subrogation, form WC 420304. b. 30-day Notice of Cancellation, form WC 420601. 2. Commercial General Liability Insurance with a minimum bodily injury and property damage per occurrence limit of $500,000 for coverages A & B. The policy shall contain the following coverages: a. Blanket contractual liability coverage for liability assumed under this contract and all contracts relative to this project. b. Completed Operations/Products Liability for the duration of the Warranty period. c. Explosion, Collapse, and Underground (X, C, & U) coverage. d. Independent Contractors’ coverage. e. City of Austin listed as an additional insured, endorsement CG 2010. f. 30-day Notice of Cancellation in favor of the City of Austin, endorsement CG 0205. g. Waiver of Transfer Right of Recovery Against Others in favor of the City of Austin, endorsement CG 2404. Exhibit E Easement Area [see attached] Property Profile Legend Property Addresses Easement Polygons Dedicated Easement Annotation Easement Lines DEDICATED Jurisdictions Fill Jurisdiction FULL PURPOSE 0 150 300 ft 9/16/2024 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Notes Property Profile Legend Property Addresses Easement Polygons Dedicated Easement Annotation Easement Lines DEDICATED Jurisdiction FULL PURPOSE Jurisdictions Fill Jurisdiction FULL PURPOSE 0 50 100 ft 9/25/2024 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Notes Exhibit F Maintenance Requirements [see attached] Maintenance Responsibilities PARD and Partner will work together to inform and collaborate to assist one another in all maintenance responsibilities. PARD and Partner agree that maintenance is essential to maintain highest and best parties functionality, safety, and aesthetic value of the improvements. This can only be accomplished if both observe, report, and collaborate in the maintenance efforts. Partner will keep, maintain, and operate the Park Improvements appearance and repair, except for reasonable wear and tear. Partner will be responsible for specified maintenance as outlined below after PARD issues an Acceptance Letter. Some Park Improvements such as new vegetation and aesthetic features may require more attention and maintenance in the first year(s) until fully established. A. Partner will: a. maintain landscaping as shown in the concept plan (Exhibit A); b. perform tree care for all trees planted by the Partner in accordance with PARD Urban Forestry procedures, including the use of a certified arborist for overhead tree work; c. dispose of plant waste, via compost or removal from site; d. maintain all partner-built amenities, including i. signage, ii. seating and gathering area, iii. community deck, iv. labyrinth, v. outdoor kitchen/pavilion shade structure vi. shed, vii. gardens, and viii. irrigation system; e. carry out graffiti abatement as needed and when provided notice by PARD; and f. maintain existing decomposed granite trail surfaces, except for the replenishment of material; g. maintain new decomposed granite trail surfaces, including the replenishment of material; h. maintain 18 feet of vertical clearance and 11 feet of horizontal clearance for any areas serviced by PARD; and i. notify PARD in advance of any upcoming site development that will change PARD’s maintenance responsibilities or access. B. PARD will: a. replenish material for existing decomposed granite trail surfaces as needed; b. maintain any PARD drinking fountains; c. maintain curb & gutters; d. maintain and regularly empty PARD trash and recycling receptacles; and e. mow consistent with other areas of the Park, as documented in PARD’s mow map. Maintenance performed by Partner will be performed on an as-needed basis, and the type and frequency of maintenance will change seasonally based on use, weather, special events and other variables. PARD will perform both checks and maintenance on a more regular basis as part of their daily operations and management. The City has the right to approve any company hired or otherwise placed under contract by Partner for any maintenance of the Park Improvements and the Park, but such approval will not be unreasonably withheld, conditioned or delayed. Partner will make readily available, upon request, the name of individuals and company and their company proof of adequate bond and insurance status as applicable. Exhibit G Initial Programming Plan [see attached] GENERAL PROGRAM PLAN Month Event Typical Month 1st Saturday Plant walk Core Team Orientation 2nd Saturday Workday Every Tuesday & Thurday Morning Workday Every Sunday Yoga in the Forest Special Events: Month Event March It's My Park Day - Spring November It's My Park Day - Spring Type Educational Educational Volunteer Volunteer Community Building Totals/year Estimated Public Attendance Estimated Volunteer Attendance Hours 35 10 15-20 840 6 3 30-50 12 4 840 2 1 3 3 1 120 Type Special Event Special Event Totals/year Total Volunteers Total Hours Total Volunteer Hours Estimated Public Attendance Estimated Volunteer Attendance Hours 100+ 100+ 200 30 30 60 900 3 3 6 126 113400