Fiscal Note
No appropriation is required.
Title
To authorize the Mayor and City Clerk to execute an agreement with Dudgeon-Monroe Neighborhood Association, Inc. for the planting and maintaining of an edible landscape to be located in Wingra Park. (AD 10)
Body
The Dudgeon-Monroe Neighborhood Association, Inc. (the "Association") has received a donation from the Fruit Tree Planting Foundation of 24 dwarf fruit trees and bushes which the Association has planted in Wingra Park for use and enjoyment by the general public as an edible landscape. Wingra Park has been determined by the Park Commission as an appropriate site for planting an edible landscape, and Parks Division staff has approved a location within the Park that is suitable for the planting, maintenance and gleaning of 24 dwarf fruit trees and bushes. The species of the trees and bushes which have been planted were approved by Parks Division staff. The Association has agreed to maintain the trees and bushes in accordance with a Use Agreement to be entered into between the City and the Association.
Now therefore, be it resolved, that the Mayor and City Clerk are authorized to execute a Use Agreement with Dudgeon-Monroe Neighborhood Association, Inc., which Agreement shall contain the following material terms and conditions:
1. The City shall allow the Association to create an edible landscape consisting of 24 dwarf fruit trees and bushes in Wingra Park. The species that may be planted and the locations of such plantings are shown on the attached Wingra Park Orchard Garden Revised Planting Plan, which has been approved by the Parks Division staff.
2. No fee shall be charged for such use.
3. The term of the Agreement shall be five years, and shall automatically renew for additional terms of one year unless otherwise terminated by either party.
4. The Association shall be responsible for maintaining the trees and bushes and the planting area. Such maintenance responsibilities shall include: mowing around the plantings and in the walks between them; mulching; watering; pruning; tilling; removing plant debris and waste from the Park; and fertilizing the trees in accordance with standards and materials acceptable to the Parks Superintendent.
5. The Association shall indemnify the City, and shall provide insurance in the amounts and types of coverage as required by the City's Risk Manager.
6. No permanent improvements shall be placed in Wingra Park by the Association, with the exception that facilities for water service shall be permitted at the Association's sole cost and expense in a location to be pre-approved by the Parks Superintendent, and, if applicable, the Madison Water Utility.
7. The permitted hours of use shall coincide with the hours that Wingra Park is open to the public.
8. All ladders, cherry pickers, saws and other equipment utilized by the Association to maintain the trees shall be operated in a safe manner. All volunteers, employees and agents of the Association using equipment that could cause injury shall be adequately trained in such use and have the appropriate safety equipment. Any person using a chain saw shall execute a waiver of liability on a form to be approved by the City's Risk
9. The Association shall be responsible for calling Diggers Hotline to identify and mark all underground utilities prior to digging within park property.
10. Upon termination of the Agreement, the Association shall, if directed by the City, remove all trees and bushes from the planting site and restore the site to the condition equivalent to that which existed prior to the plantings.