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:Gardener agreements

  • Subject: [cg] :Gardener agreements
  • From: Sally McCabe <sallymcc@libertynet.org>
  • Date: Tue, 11 Jun 2002 21:41:31 -0400

Title: :Gardener agreements
Here is the agreement used by the Neighborhood Gardens Assoc/Philadelphia Land Trust, which holds title to the preserved portions of our garden.  Although it is renewed ever five years, we require all our new gardeners to sign it every year.

We have our own set of rules separate from this for governing ourselves. I'll include that one in a separate message.

Sally McCabe



        This agreement is made this _______ day of _________________, 200__, between The Neighborhood Gardens Association/A Philadelphia Land Trust, and the gardeners at _______________________with the following contact person:  _____________________________________________.

        NGA owns the property located at ____________________ and hereby gives permission to the garden group to use the property under the following terms and conditions.  NGA will manage the property for community gardening as long as these terms and conditions are met.

        Use of Site

     The garden group will maintain and operate a community garden and will continue to follow any rules and by-laws already in place and adopted by the gardeners.

  Term of Agreement

       The term of the Agreement is for five years, beginning on the date the Agreement is signed by the garden group and NGA.  Upon approval by NGA and the garden group, the Agreement will renew at the end of the first 5 year period, for additional five year periods.

   Maintenance and Repair

The garden group agrees to do the following:
      a.      Perform landscaping and gardening activities consistent with use as a garden;
   b.      Keep the garden in good, clean, and orderly condition;
  c.      Make all repairs necessary to keep equipment, fences, and furniture in good order and repair;
   d.      Keep garden and adjoining sidewalks clean of all trash, litter, debris, and weeds;
      e.      Be responsible for snow and ice removal from sidewalks adjacent to the garden;
  f.      Notify NGA in the event of an accident, fire or damage to the property;
g.      Work with NGA to repair and maintain sidewalks adjacent to the property.




        Gardening Practices

     The gardeners and garden group will not cause or allow contamination of the property by any hazardous substances and will handle all hazardous substances in a manner that does not cause contamination.

        It is a fact of city life that gardens can contain lead from car exhaust and other sources. In keeping with good urban gardening practices, gardeners will: 1) use lime or other materials in the soil to keep the pH level high (recommended level of 6.8 or higher) to eliminate uptake by plants of heavy metals 2) use mulch and water to keep down dust and 3) will wash fruits and vegetables grown in the garden, thereby reducing the risk of breathing or ingesting airborne heavy metals.

     Site Visits by NGA

      Periodically (at least once per year), representatives of NGA will want to visit the garden site.  A representative of the garden group should be available to show and discuss with them the condition of the garden.  NGA reserves the right to conduct soil tests during site visits.

        Improvements and Alterations

    The garden group must obtain the written permission of NGA before making any improvements or alterations to the site, except for ordinary maintenance and repair.

       Costs

   NGA does not charge anything (no dues or fees) to garden.




       Hold Harmless

   We, the undersigned gardeners at _______________________hereby agree to indemnify, defend, and hold harmless NGA, its officers, directors, agents, employees, successors and assigns, from and against any damage, loss, liability, claim (including, but not limited to, claims for injury to persons, including death, and damage to property), demand, suit, cost and expense directly or indirectly resulting from, arising out of or in connection with the use of____________________by the garden group, its successors, assigns, employees, agents and invitees.


 Compliance

     If the garden group does not comply with the terms of this agreement or violates any state, federal or city law, NGA will notify the group in writing of the problem.  The garden group will have 30 days to correct the problem.  If appropriate action is not taken by the garden group, NGA has the right to terminate this agreement and gardeners will lose the right to garden on the property.

        The garden group will provide NGA with a listing of all gardeners and their plot assignments and will ascertain that each gardener signs this agreement within 60 days of the above date.  In the event that any gardener does not sign the agreement, NGA will terminate this agreement with the gardeners at ____________________

  
Signed:                                       Date:

        ________________________________             ___________
                Executive Director


Gardeners

Name
                                Address

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