- Subject: [cg] :Gardener agreements
- From: Sally McCabe <email@example.com>
- 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.
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.
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
Term of Agreement
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:
landscaping and gardening activities consistent with use as a
Keep the garden in good, clean, and orderly condition;
Make all repairs necessary to keep equipment, fences, and
furniture in good order and repair;
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;
Notify NGA in the event of an accident, fire or damage to the
with NGA to repair and maintain sidewalks adjacent to the
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
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
NGA does not charge anything (no
dues or fees) to garden.
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.
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.
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 ____________________