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FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
FOR CREATION AND OPERATION OF COMMUNITY GARDEN
THIS FIRST AMENDMENT TO Memorandum of Understanding for the Creation and Operation of Community Garden (“First Amendment”) is entered into as of this 2nd day of September, 2025 by and between the City of Foster City (“Licensee” or “City”) and Island United Church (“Licensor”), collectively referred to as the “Parties.”
RECITALS
WHEREAS, on May 6, 2024, the City, IUC, and the Association entered into that certain Memorandum of Understanding (“Agreement”) for the establishment and operation of a community garden located at 1130 Balcultha Drive, Foster City, California; and
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WHEREAS, the Parties now desire to amend the Agreement to provide a process for adding additional garden plots beyond the original fifteen (15) plots.
TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants herein contained, the parties agree as follows:
1. Addition of Garden Plots.
A new subsection, Section II.D , is hereby added to the Agreement to read as follows:
“D. Addition of Garden Plots. Gardening Plots beyond the original fifteen (15) may be added to the Garden Site with the prior written approval of both the City and IUC as follows:
a. The Association may request in writing to expand the Garden to include additional Gardening Plots beyond the original fifteen (15)(“Request for Expansion”) to the City Director of Parks and Recreation. Any Request for Expansion shall include a site plan, the proposed location and number of proposed Gardening Plots, plot dimensions, and any related infrastructure needs (e.g., irrigation, fencing, access paths). b. If approved by the City Director of Parks and Recreation, the Request for Expansion will then be submitted to the designated representative of the IUC, who must approve the expansion in writing prior to any work commencing.
c. The costs of the additional Gardening Plots and all associated improvements shall be the responsibility of the Association, unless otherwise agreed upon in writing by the Parties.
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d. Additional Gardening Plots shall be subject to all terms and conditions of the MOU and associated Policies and Regulations.”
2. Except as modified by this First Amendment, all terms, conditions, and provisions of the Agreement remain in full force and effect. All definitions of the Agreement shall apply to this First Amendment.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties to this First Amendment have executed this First Amendment as of the day and year first above written.
CITY OF FOSTER CITY
By: ___________________________
Stefan Chatwin
City Manager
Date: _________________________
ISLAND UNITED CHURCH
By: ___________________________
Margaret Hanzl Divine
President
Date: _________________________
FOSTER CITY COMMUNITY GARDEN ASSOCIATION
By: ___________________________
Curtis Chen
President
Date: _________________________