190913

The City of Portland ordains:

Section 1. The Council finds:

1. The Leach Botanical Garden (“the Garden”), located in Southeast Portland, was devised to the City by the wills of John and Lilla Leach with the express condition that the Garden be used as a botanical park and museum for the benefit of the public.

2. The Leach Garden Friends (“LGF”) is an Oregon non-profit organization with the mission of sustaining, enhancing, and promoting the Garden and its museum as a unique educational resource for flora, horticulture, botany, and related historical artifacts.

3. Through various agreements since 1984, LGF have taken on increasing responsibility for the management and operation of the Garden, and the parties now wish to enter into a new license agreement to outline the rights and responsibilities of each party.

4. Portland Parks & Recreation (“PP&R”) desires that LGF will manage the operations, programming, and development of the Garden in accordance with the Parties’ commitment to preserving the historical, educational, and horticultural significance of the Garden.  LGF is willing to do so.

5. PP&R and LGF will continue to share responsibility for the maintenance and operating costs of the structures and grounds.  Those respective obligations are detailed in the new license agreement and its exhibits.

6. As part of this new license agreement, PP&R will make a series of cash contributions in FY 2022-23, FY 2023-24 and FY 2024-25 to LGF to assist in LGF’s management and operation of the Garden.   Those payments are anticipated to be paid as follows:

   FY 2022-23-$315,000
   FY 2023-24-$350,000
   FY 2024-25-$350,000.

NOW, THEREFORE, the Council directs:

1. The PP&R Director is authorized to execute a license agreement with the LGF for its continued management and operation of the Garden.  The Director, or designee, is authorized to execute amendments of license agreement terms and covenants, provided contract changes do not increase the legal or financial risks to the City, and amendments are approved as to form by the City Attorney. Any increase to contract funding must be approved by the City Council. The license agreement shall be in a form substantially similar to the license agreement attached hereto as Exhibit A, and as approved as to form by the City Attorney.

Section 2.  The Council declares that an emergency exists because Leach Botanical Gardens is in need of the financial contribution provided by authority of the license agreement; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.