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RE: I Need Help


1) You are a great American for doing this. Community Gardening is next to

2) You better protect your assets and potential exposure to property
liability litigation with a professionally drafted lease.

3) Get a real estate lawyer with a thorough  knowledge of liability issues
to do a fine tooth comb analysis of the lease agreement.( Sorry to be
frightening, but unfortunately this is the "sue -your- mama- for- birthin'-
you- ugly " states of America.)

I am a steering committee member of the Clinton Community Garden in NYC (
clintoncommunitygarden.org) which leases the approximately 1/3 of an acre
garden from NYC through the NYC Parks department. Municipalities and church
groups usually are the lessors of community garden spaces in the US . You'd
do well to contact the American Community Garden Association (acga.org) for
their ideas.

If you still want to do this, my ideas ( the following should not be
construed as official advice, that should come from an experienced legal
professional) are:

1) Take soil samples of your entire garden area and send them to your local
agricultural extension or college for analysis. 

2) Get a complete plan from the gardeners who should organize themselves as
an association, or better yet, as a not-for -profit 501(c) (3) corporation
for the purposes of running the garden.

3) Survey the area that they want to garden on, and map it. 

4) Check local laws about composting, spraying of pesticides ( not preferred
- organic is far more benign, far less exposure to litigation) and watering
during summer months.

5) Get a complete gardening proposal plan from the gardeners, a table of
organization of the garden's governors-steering committee. This includes
types of plantings, hours of operation, policies on tool storage, etc,
whether they will be building raised beds, whether they are creating
semi-permanent structures like a tool shed,fences, policies on the
supervision of gardener's children etc, Where do they expect to get water,
if it's yours , do they expect to compensate you, etc...

6) An absolutely necessary element is garden insurance, the firm's name can
be obtained from the ACGA. The garden group must be willing to pay for it.
It's not expensive, and if the gardeners don't want to buy insurance, then
they shouldn't garden on your land.

7) After you have the gardener's proposal in writing, talk to all your
adjacent neighbors and hear their concerns. If you're composting, the issues
are smell and vermin. If they are using fertilizers, the issue is run-off,
pollution of well water, etc.

I didn't mean to scare you, but think it over carefully. 

Good luck,

Adam Honigman

> -----Original Message-----
> From:	David F. Lucier [SMTP:dflucier@uswest.net]
> Sent:	Tuesday, December 21, 1999 10:38 PM
> To:	community_garden@mallorn.com
> Subject:	[cg] I Need Help
> I need help in developing a land lease for a community garden (operated by
> a
> non profit community gardening group)within the confines of my yard in
> tempe, az.
> Can you help me or direct me?
> Thanks,
> David
> Tempe, AZ
> _______________________________________________
> community_garden maillist  -  community_garden@mallorn.com
> https://secure.mallorn.com/mailman/listinfo/community_garden

community_garden maillist  -  community_garden@mallorn.com

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