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HomeMy WebLinkAboutAgenda Item - 2025-04-01 - Number 06.1 - Facility Use Agreement with Raw Oregon Honey 6.1 E 0 COUNCIL REPORT V -w 0 GREGO� Subject: Facility Use Agreement with Raw Oregon Honey for Honey Bees at Luscher Farm Meeting Date: April 1, 2025 Staff Member: Emily Liu, Recreation Supervisor Report Date: March 12, 2025 Department: Parks & Recreation Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Authorize the City Manager to sign a Facility Use Agreement with Raw Oregon Honey, LLC for bee hives at Luscher Farm. Recommended Language for Motion: Move to authorize the City Manager to sign the Raw Oregon Honey Facility Use Agreement. Project/ Issue Relates To: Honey bee hives at Luscher Farm for educational programs and honey production. Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable EXECUTIVE SUMMARY Seeking Council's approval to authorize the City Manager to sign a Facility Use Agreement for honey bee hives operated by Raw Oregon Honey, LLC at Luscher Farm. Honey bee hives will be used for educational purposes and honey production. Respect cv el'erce. Trust. Se-iv 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 BACKGROUND Honey bees play a vital role in supporting the ecosystem at Luscher Farm, especially as the farm serves as a pollinator hub with designated pollinator garden beds, mason bee boxes and bird boxes. With Lake Oswego's Bee City USA status, the presence of honey bees aligns with the City's commitment to pollinator conservation and education. Raw Oregon Honey, LLC, a longtime vendor at the Farmers' Market, is interested in placing hive boxes at Luscher Farm. In addition to supporting pollination, they propose establishing an educational hive (without live bees) to teach Luscher Farm program participants about honey bee care and hive management. This initiative would enhance Luscher Farm's educational programs by providing hands-on learning opportunities for the community, reinforcing the importance of pollinators in sustainable agriculture. Active hives will be located in park pollinator blobs on the Brock Property. Lake Oswego Parks & Recreation (LOPR) seeks approval for Raw Oregon Honey, LLC to place hive boxes on-site and to establish an educational display, furthering LOPR's mission at Luscher Farm of environmental stewardship and public engagement. ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES The 11-year (one year; renewable for two additional five-year terms) Facility Use Agreement allows the City to approve the placement of hive boxes at Luscher Farm. The Facility Use Agreement grants the Licensee (Raw Oregon Honey) use of designated farm property and special use areas for maintaining honey bee hives, and may also produce and distribute honey and other bee-related products. In exchange, it is required to: • Maintain hive boxes for pollination; • Collect honey for the Luscher Farm cooking classes and other educational classes/camps; • Provide educational opportunities focused on pollinators and sustainable beekeeping practices; and • At the request of LOPR, offer educational instructional services, including an interactive hive display (without live bees) to inform visitors about the role of honey bees in agriculture and conservation. FISCAL IMPACT Offering additional educational classes at Luscher Farm is estimated to generate approximately $3,000.00 in revenue annually, additional LOPR revenue. RECOMMENDATION Authorize the City Manager to sign the Facility Use Agreement with Oregon Raw Honey, LLC. ATTACHMENT 1. Facility Use Agreement with Raw Oregon Honey, LLC for honey bee hives at Luscher Farm. Respect. c . �!e Trust - , 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 (---- .,.l.„ v , ,, , ____, I . 1 L.) t CITY OF LAKE OSWEGO FACILITY USE AGREEMENT .GREGna AGREEMENT Honey and Boxes for Educational Purposes At Luscher Farm LICENSEE: Raw Oregon Honey LLC 1031 SE Dogwood Lane Oak Grove, OR 97267 CITY: City of Lake Oswego PO Box 369 Lake Oswego OR 97034 Effective Date: April 1, 2025 The exhibit(s) to this Facility Use Agreement in the following order of priority: • Exhibit A—Scope of Facility and Special Restrictions/Obligations of the Parties, including Maps. 1. Grant of Right to Use Facility. City hereby permits and authorizes Licensee, its agents, customers, and employees to enter upon and use the below Facility: a. Luscher Farm, 125 Rosemont Rd, West Linn. for the purposes described herein, subject to the limitations set forth below. Unless public occupancy interferes with or creates a danger to Licensee, Licensee's employees, invitees, customers, class attendees, or to the public, Licensee's use shall be non- exclusive because the purpose of the licensed area is to be mutually beneficial to Licensee and to the residents and visitors of Lake Oswego. 2. Purpose; Use of Facility. Licensee may use the respective Facility only for the following purpose(s): a. Licensee shall principally conduct its activities upon the Facility within the areas depicted on Exhibit A. b. The use of the areas shall be for the uses set forth in Exhibit A. c. The City may use the areas for educational purposes at Luscher Farm by City Staff, provided it does not unreasonably interfere with the use of the area in (b) above. d. The Licensee shall provide accessory related instructional services (upon written approval of the City Parks and Recreation Director). Page 1— Facility Use Agreement Such use shall be subject to the terms and conditions provided herein. 3. Manner of Conducting Operations. Licensee shall use reasonable care to conduct its activities upon the Facility in such a manner so as not to interfere with CITY's activities. Licensee acknowledges that construction or City activities may occur at the Facility from time to time. City will notify Licensee not less than 7 days prior to commencement of construction work or City activities that would reasonably foreseeably interfere with Licensee's activities, and shall provide an estimated schedule of construction /activities. Licensee shall accommodate its activities so as not to interfere with the construction work or City activities. 4. Covenants and Representations of LICENSEE / Restrictions Relating to Use of Facility a. Special Restrictions/Obligations of the Parties: See Exhibit A. b. Upon termination of this Agreement, all of Licensee's equipment, fixtures, and other items shall be removed within 14 calendar days and the Facility shall be returned to its original condition free from any damage by Licensee's activities, excepting: i. Reasonable wear and tear; ii. Damage by public; and iii. Attached fixtures consented to by City (which therefore remain as part of the Facility). c. Compliance with Laws, Rules, and Policies. i. Licensee will observe and abide by all the laws, rules and regulations imposed by any lawful governmental authority and relating in any way to any activity conducted on the premises (particularly, but without limitation, the requirements of the Clackamas County zoning requirements for EFU- zoned land1), and shall require all of Licensee's agents, employees' invitees upon the premises to do likewise. ii. Licensee shall obtain all necessary state, federal and local permits as may be necessary for Licensee's use of the Facility as set forth above, including any necessary health or business permits. d. Assignment. Owing to the special faith and confidence which CITY reposes in Licensee, this Agreement shall be strictly personal to Licensee and shall not be transferable, assignable or otherwise alienable, or any interest therein, and in lhttps://dochub.clackamas.us/documents/drupal/40a556e9-0afb-488f-a799-67eeb228c7a4 Page 2—Facility Use Agreement the event of any attempt to do so, at the option of CITY, CITY may terminate this Agreement without further notice. e. Risk of Loss. Except as provided herein, all risk of loss of Licensee's property shall be that of Licensee. f. As Is Condition. Licensee certifies, acknowledges and agrees that access to and use of the Facility is accepted and executed on the basis of Licensee's own examination and personal knowledge of the premises and personal property, if any, and Licensee's own opinion thereof; all prior negotiations, representations of fact or opinion or agreements relating to said property made by CITY or any agent thereof upon which Licensee may have relied have been reduced to writing and are included in this agreement, and if not so reduced to writing, are expressly waived, which waiver is a material part of the consideration of the execution of this contract by CITY. Further, Licensee acknowledges that the Licensed Area, except that part that is within the exclusive control of Licensee, is continually used by the public and, therefore, the City may have no knowledge of any change in condition. Accordingly, the covenant of examination and personal knowledge of the premises and personal property is ongoing upon the Licensee. If at any time the condition of the premises is unacceptable to License, Licensee's sole remedy is to suspend its activities; City shall not be liable for an direct or consequently damages, including lost profits. g. CITY makes no warranties as to the condition of the premises or personal property, other than as set out herein. Licensee takes use of the Facility and Related Areas is AS IS, in the condition existing at the time of commencement of use of the Facility, and as stated in Section F above, and in the condition ongoing during the term of this License. h. This Agreement represents the full, entire and complete agreement of the parties. Any and all amendments to this Agreement shall be in writing and executed by Licensee and CITY. i. The Licensee shall defend, indemnify, and hold CITY, its officers, agents and employees, harmless against all liability, loss, or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property caused by any act or omission of an act sustained in any way in connection with the use of this Agreement (including by participants from any program offered by Licensee and not required to be offered by this Agreement) or by conditions created thereby, or based upon violation of any statute, ordinance or regulation. This contractual indemnity provision does not abrogate common law or statutory liability and Page 3—Facility Use Agreement indemnification to CITY, but is in addition to such common law or statutory provisions. To the extent permitted by law, CITY shall defend, indemnify, and hold harmless Licensee and its employees, officers, servants, and agents against all claims, demands, and judgments (including attorneys' fees) made or recovered against them for damages to real or tangible personal property or for bodily injury or death to any person arising out of or in connection with this Agreement or arising from any programs offered by the City at the Facility, to the extent such damage, injury, or death is caused by the negligence or intentionally wrongful act or omission of CITY or its employees, officers, servants, or agents, or participants in programs that are not conducted by Licensee. CITY shall promptly notify Licensee in writing of any such claim or demand to indemnify and shall cooperate with Licensee in a reasonable manner to facilitate the defense of such claim. j. Licensee shall obtain upon execution of the Agreement, and shall maintain in full force and effect for the term of this Agreement, at Licensee's expense, a comprehensive general or commercial general liability policy for the protection of Licensee and CITY, its officers, agents, and employees. If the insurance policy is issued on a "claims made" basis, then Licensee shall continue to obtain and maintain coverage for not less than three years following the completion of the contract. The policy shall be issued by a company authorized to do business in the State of Oregon, protecting Licensee or anyone directly or indirectly employed by either of them against liability for the loss or damage of personal and bodily injury, contractual liability, death and property damage, and any other losses or damages above mentioned with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate, or the limit of public liability contained in ORS 30.260 to 30.300, whichever is greater. The insurance company shall provide CITY with a certificate of insurance and endorsements (1) naming CITY as an additional insured providing that no acts on the part of the insured shall affect the coverage afforded to the above policy, and providing CITY will receive 30 days written notice of cancellation or material modification of the insurance contract; and (2) to provide a waiver of subrogation in favor of the City and all additional insureds. Licensee shall obtain and maintain statutory workers compensation coverages for all subject employees, and shall provide a certificate of insurance to the City. Licensee will not utilize the Agreement Area pursuant to the terms of this Agreement until the CITY has received certificates of insurance that the appropriate insurance heretofore mentioned is in force. Page 4—Facility Use Agreement 5. Consideration for Agreement; Real Property Tax Exemption. a. The consideration for this Agreement will follow the Fee Schedule (Exhibit A). b. In addition to the consideration above, Licensee shall be liable for any real property taxes assessed against the Facility (or the entirety of the site upon which the Facility is a part), as caused by this Facility Use Agreement and the activities of Licensee. CITY shall cooperate upon request by Licensee in executing any tax forms requested by Licensee to obtain any reduction or exemption from real property taxation as may be available under law. 6. Term of Agreement/Termination. This Agreement shall commence upon execution and remain in effect until the earlier of: a. One (1) year from the date issued. Licensee may renew this Facility Use Agreement upon the same terms and conditions for two, five (5)-year renewals. Renewal shall occur automatically, unless notice is given by Licensee to the City not less than 180 days prior to the Completion Date stated above. b. A determination by the City Manager or Designee that the public interest requires use of the Facility to the exclusion of the Facility Use Agreement, provided however, that CITY shall provide not less than 120 calendar days' notice of such determination prior to termination; or c. A determination by the City Manager or Designee that the Licensee has violated a material provision of this Agreement; provided, however, Licensee shall have a period of seven (7) days after written notice of violation is given within which to effect a cure to CITY's reasonable satisfaction, or if the violation is such that it cannot be reasonably cured within seven (7) days, Licensee shall provide evidence to CITY that Licensee has commenced and will diligently continue efforts to completion to cure the violation; in such event, this Agreement shall continue. d. Licensee becomes insolvent or files for bankruptcy, effective upon delivery of notice to Licensee, or other such effective date as CITY shall state in the notice. e. Licensee's written notice of termination, which shall provide not less than 30 days' notice. Page 5—Facility Use Agreement 7. Any notice to be given by mail, email, or personal delivery by one party to the other as follows: a. To Licensee: Any of the following: the address and person stated in Licensee's Business Permit Application, the person named as the Registered Agent and to the mailing address for such person as shown in the records of the Oregon Secretary of State, Business Name Records; or the name and address stated above. b. To CITY: Director of Parks and Recreation, at the address stated above. Any notice mailed shall be deemed delivered to the addressee 48 hours after depositing the notice in the US Post Office, Lake Oswego Branch. Any notice emailed to the other shall not be deemed received until a confirmation of receipt is sent by return email. 8. Construction. In construing this Agreement, the singular may include the plural, and vice versa, the masculine may include the feminine and neuter, and vice versa, if the context so requires, and generally all grammatical changes shall be made, assumed or implied to make the provisions hereof applicable to corporations as to individuals and as necessary to carry out the intent of the parties. IN WITNESS WHEREOF, the undersigned have hereunto executed this Agreement, which includes the attached Exhibit A, on the date stated below and the terms and provisions of the Agreement are accepted by the respective parties. CITY: City of Lake Oswego LICENSEE: Raw Oregon Honey LLC By: By: Martha Bennett, City Manager Name: Date Signed: Date Signed: Date Approved by Council: Approved as to Form: Digitally signed by Evan Boone Date:2025.03.12 16:36:13-07'00' Evan P. Boone Deputy City Attorney Page 6— Facility Use Agreement Exhibit A Scope of Work and Fee Schedule 1. Facility Use and Location a. Hive Placement:The Contractor shall start with 5-10 honey bee hives, which will be located on the Brock Property of the Luscher Farm complex in Pollinator Blob 4, as indicated on Map A in the red circle attached hereto. b. Access to this area will be granted for the duration of this Agreement at the driveway marked with the red arrow in Map A. Key to the gate will be provided by the City. c. Pollination Area:The honey bee hives will be situated within the Pollinated Blob 4 area outlined by the red "X" measuring approximately 15 ft. x 15 ft in Map B. d. Hive Maintenance:The Contractor will be solely responsible for transporting the hives to Luscher Farm, hive set up and placement, maintaining the hives, managing the bees, and collecting honey. e. Signage: Educational signage will be placed by the City along the paths at the blue stars in Map B. Map A .('\ - 4P1" i s' % 1-, Alt f 'Tr ii,_, . A it • ' �• i Brock Bam _ , t a T • .V v r*., . 1'r _ f let . L=rr' s. Pollinates ..1 . •.. - t4 N_Irtir--- 4; Blob 4 .* ..t,. -.,, Ilk or- .l'- ' ' - t 440111110 • • i 1111 ;. - :� .10,itit• ., . T ' ist .. -4, * It. ,., kilig j. `A L -, . . thig": 4 4• - r Rosemont Rd. E �• �� ~ ;v 14 `� Map B -!i. ! 1 , r ' '• ,, \ , ., e.,. . "1 I ,• . . .....s. ,. . t,„ . . . . .... ,i. .. . ,,„_,,„,.1 .. t ...: atw 1 ' 01411" �r�• I Signage • SOO r, - it y • . ' Signage , tr • 4'646- -s f' . . :I. „ - ‘ - ,—.... ' ; :i- ‘.. dr . �k:,•. �✓ - • 5-lo Bee y. - • — — - ; • F Hive Boxes ti'' , . 'I • 4,' • ' ; as. . ..:•_f_..C.0- All 2. Responsibilities of the Contractor a. General Hive Management:The Contractor agrees to manage the hives, including regular maintenance, inspection, and any necessary treatments for the health of the honey bee colonies.The Contractor shall also collect honey when ready and ensure all activities are conducted in accordance with relevant beekeeping standards. b. Weed Management:The Contractor agrees to remove and keep down the weeds and grass within a 3 ft radius of the hives. c. Set up & Removal: The Contractor agrees to manage the set up and removal of the hives as needed. 3. Use of Honey and Boxes for Educational Purposes a. Honey Use: Some of the honey collected from the hives may be used for educational purposes at Luscher Farm by City Staff, including in Luscher Farm educational classes, demonstrations, camps, cooking classes and other programs. The honey may also be shared with participants during classes. b. Boxes for Education:The hives and related boxes may be used by Luscher Farm for educational purposes, including for demonstration in public programs, so long as these activities do not interfere with the Contractor's use of the hives. 4. Fee Structure and Space Granting a. Space Fee: The space granted for the hives and activities outlined in this Agreement will be provided free of charge. b. Conditions of Free Use: This free space use is conditioned upon the Contractor's agreement to provide educational classes and programs to the public, as well as allowing the use of the honey and hives for Luscher Farm educational purposes as outlined in Section 5 above. 5. City Responsibilities a. Support for Education: Luscher Farm will support the educational initiatives by assisting in the development of materials, signage, and promoting public access to the classes and outreach programs. b. Access to Space:The Facility will grant the Contractor access to the designated area for hive maintenance and educational purposes as specified in this Agreement. A key will be provided for gate access.