With regard to the Buy-Sell Agreement (photographic documentation below) dated September, 29, 2017 duly executed between Wayne F . Vargas and Town of Fromberg, Page 3 of 8, lines 159 through 166 specifically state: “Buyers commit to dedicating up to 1 acre of the parcel to be utilized as a community garden for a minimum of 2 years beginning in 2018. Interest and participation by community members in the project shall determine future usage. Buyer shall supply irrigation water and will till the entire used area to ready the area for planting. A Community Garden committee will be established to allocate duties, accept donations and coordinate volunteerism and distribution of the harvest. Fromberg High School FFA has agreed to participate in the process and aid in the planting and maintenance of the garden, as well as the harvest.”
The following photos accurately portray the current status of the Vargas 2018 “Community Garden”. They show that several of the above stipulations remain unfulfilled. The very small garden appears tilled, but unplanted. We note no source of irrigation. We request the above specified “Community Garden committee” provide to the Town of Fromberg Mayor copies of their minutes to prove their proscribed duties have been duly executed. This specific stipulation was offered by Wayne F. Vargas and accepted by Town of Fromberg as a condition of the sale of the “Barley Field”. Due diligence demands that these stipulations be completed and subsequently verified. Stipulations that remain unfulfilled, can be deemed a breach of contract, let alone a broken promise made to the Community of Fromberg.
As I understand it, the Fromberg community garden area was tilled and ready for the planting season, however, nobody from town showed any interest in wanting to utilize it. Perhaps next year’s planting season will result in more interest. I don’t see that any promise to the town was broken .
A “NOTICE OF PERSONAL TRANSACTION” dated 9.28.2017, signed by your daughter-in-law Leza Vargas, proves she, along with Wayne F. Vargas and Richard Anderson (acting as Mayor) were parties to said agreement. Buy-Sell agreements are legally binding documents. We note Leza Vargas was also actively running for the Fromberg mayoral position at that time. tfa’s April, 6, 2028 post further discusses this issue.
The following specific stipulations listed in the referenced Buy-Sell remain unfulfilled:
“…Buyer shall supply irrigation water and will till the used area to ready the area for planting. A Community Garden committee will be established to allocate duties, accept donations and coordinate volunteerism and distribution of the harvest. Fromberg High School FFA has agreed to participate in the process and aid in the planting and maintenance of the garden, as well as the harvest.”
Well, The plot was tilled and to me it would deem senseless and irresponsible to irrigate a tilled lot with nothing planted in it. There was no interest from the townspeople to plant anything in that tilled lot, apparently. The High School FFA was ready to help anyone who wanted to plant, but nobody came forward and showed any interest in it. The community garden was intended for any of the residents of Fromberg to plant in. Had anyone come forward to plant in that lot that was tilled, the outcome would have been different.
The difference lies in that Wayne F. Vargas, as a condition of the “Barley Field” purchase, offered the specificities of said stipulation. This stipulation was duly agreed to by all parties. Vargas is responsible for adhering to said stipulation regardless of “town participation”.
Again: “…Buyer shall supply irrigation water and will till the used area to ready the area for planting. A Community Garden committee will be established to allocate duties, accept donations and coordinate volunteerism and distribution of the harvest. Fromberg High School FFA has agreed to participate in the process and aid in the planting and maintenance of the garden, as well as the harvest.”
Therefore, irrigation water should be at the ready. We again ask to be provided all minutes of the “Community Garden committee”. If conditions stipulated in a legally binding agreement are not met, the stipulator (Wayne F. Vargas, and Leza Vargas, acting as his “Broker/Salesperson”) can be held in breach of contract. Or was the “Community Garden” merely a ploy to grease the wheels of the ” Barley Field ” purchase?
So, are you saying he should be irrigating the tilled field, regardless of whether anything is planted in it? Ridiculous. You sound so sinister – it must be exhausting for you and I can’t quite understand why anyone would choose to be that way.
Again, the point is: “irrigation water should be at the ready.” Specifically, has the irrigation ditch been cleaned? Is on-site gated irrigation pipe available for use? If not, is a pump provided for irrigation purposes? And what of the “Community Garden committee” and all its proscribed duties? “…A Community Garden committee will be established to allocate duties, accept donations and coordinate volunteerism and distribution of the harvest. Fromberg High School FFA has agreed to participate in the process and aid in the planting and maintenance of the garden, as well as the harvest.” Did the specified committee ever even meet? If so, provide copies of their meeting minutes to TOF Mayor Miller.
It was Wayne F. Vargas, and Leza Vargas, acting as his “Broker/Salesperson” who voluntarily put forth said stipulation. They are the ones who drafted it for inclusion in the “Barley Field ” buy-sell. Therefore, legally they should be held accountable for ALL those provisions. The onus falls on them; not on those who question whether or not the stipulated requirements have been met.