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An Ordinance approving a limited revocable license agreement between the Metropolitan Government, acting by and through the Metropolitan Board of Health, and Cosecha Community Development to create, operate, and maintain a noncommercial community garden on the west side of the Woodbine Clinic to utilize Metro property to improve community health and nutrition.
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WHEREAS, it is to the mutual benefit of the Cosecha Community Development and the Metropolitan Government, acting by and through the Metropolitan Board of Health, to create, operate, and maintain a noncommercial community garden on the west side of the Woodbine Clinic to utilize Metro property to improve community health, education, and nutrition; and,
WHEREAS, Cosecha Community Development and the Metropolitan Government, acting by and through the Metropolitan Board of Health, have entered into a limited revocable license agreement, attached hereto, and incorporated herein, to create, operate, and maintain a noncommercial community garden on the west side of the Woodbine Clinic to utilize Metro property to improve community health and nutrition; and,
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that this limited revocable license agreement be approved.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the limited revocable license agreement between Cosecha Community Development and the Metropolitan Government, acting by and through the Metropolitan Board of Health, to create, operate, and maintain a noncommercial community garden on the west side of the Woodbine Clinic to utilize Metro property to improve community health, education, and nutrition, attached hereto and incorporated herein, is hereby approved.
Section 2. That any amendments to this License Agreement shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.
Section 3. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance approves a limited revocable license agreement between the Metropolitan Board of Health (“Metro Health”) and Cosecha Community Development (“Cosecha”) to create, operate, and maintain a noncommercial community garden in the fenced area on the west side of the Woodbine Clinic at 224 Oriel Avenue. The Metropolitan Council approved a similar agreement through Ordinance No. BL2023-2110.
Per the agreement, Cosecha will continue to develop the 308 square feet of fenced-in outdoor space abutting the Woodbine clinic for use as a community garden. Gardening will be permitted between sunrise and sunset. Mechanical equipment is only permitted between the hours of 8 a.m. and sunset. Further, Cosecha will maintain the gardening facilities in a neat and orderly condition. The community garden and its related educational programs must comply with all Metro rules, regulations, and policies. No charges or fees will be assessed as part of this agreement.
The agreement requires Cosecha to provide general liability insurance and worker’s compensation and employer’s liability insurance, with a respective limit of at least $1,000,000 for each occurrence. Cosecha would indemnify and hold Metro Health harmless for any liabilities against Metro Health.
The term of the agreement begins on the date signed by all parties and filed with the Metropolitan Clerk and ends on December 31, 2028. Any amendments to this license agreement shall be approved by resolution of the Metropolitan Council receiving 21 affirmative votes.
Fiscal Note: There is no cost to Metro and no other charges or fees for the performance of this agreement.