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Re: community_garden digest, Vol 1 #1808 - 5 msgs

  • Subject: [cg] Re: community_garden digest, Vol 1 #1808 - 5 msgs
  • From: Don Boekelheide <dboekelheide@yahoo.com>
  • Date: Sat, 22 May 2004 17:04:50 -0700 (PDT)

Hi, everyone,

I was standing in the rain today, watering my freshly
transplanted peppers. Only a gardener would understand
this...

Anyway, political/technical question. Does anyone have
a good model lease for a garden on privately held
land? I've looked everywhere, ACGA website, googled,
and haven't found what I need.

We've got a couple of guys here (a friend of mine
calls them 'the anarchists') who are intent on
starting a community garden on the vacant lot next
door to the house they rent. They know the owner and
she's willing, but we need a lease. Sure, we could
look for a pro-bono attorney, but figure that some
community gardener out there already has a better
model. Any leads?

Thanks in advance,

Don Boekelheide
Charlotte, NC

--- community_garden-admin@mallorn.com wrote:
> 
> Send community_garden mailing list submissions to
> 	community_garden@mallorn.com
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> You can reach the person managing the list at
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> 
> When replying, please edit your Subject line so it
> is more specific than
> "Re: Contents of community_garden digest..."
> 
> 
> Today's Topics:
> 
>   1. RE: insurance (Chun, Stacie)
>   2. Re: insurance (adam36055@aol.com)
>   3. RE: insurance (gwenne.hayes-stewart@mobot.org)
>   4. Ideas needed for gleaner (Sandy Mehling)
>   5. Re: garden bulletin boards (Jude Carson)
> 
> --__--__--
> 
> Message: 1
> From: "Chun, Stacie" <SChun@oaklandnet.com>
> To: "'community_garden@mallorn.com'"
> <community_garden@mallorn.com>
> Subject: RE: [cg] insurance
> Date: Thu, 20 May 2004 10:07:32 -0700
> boundary="----_=_NextPart_001_01C43E8C.F0772460"
> 
> This message is in MIME format. Since your mail
> reader does not understand
> this format, some or all of this message may not be
> legible.
> 
> ------_=_NextPart_001_01C43E8C.F0772460
> Content-Type: text/plain
> 
> At the Hayward Community Gardens in Hayward
> California, we have general
> commercial liability insurance from Financial
> Indemnity Co., through a local
> agent. We pay $1,075/year, including the landowner
> (the local gas and
> electric company) and a funder (City of Hayward)
> named as additional
> insured. The garden is about 7 acres.
>  
> How about Directors & Officers coverage? Do any of
> the gardens have D & O
> insurance? We are debating whether it's necessary.
>  
> Stacie Chun
> Hayward Community Gardens
> 
> -----Original Message-----
> From: Grow19@aol.com [mailto:Grow19@aol.com] 
> Sent: Thursday, May 20, 2004 9:48 AM
> To: community_garden@mallorn.com
> Subject: Re: [cg] insurance
> 
> 
> Can we hear from community gardens and/or community
> garden organizations
> regarding their insurance situations?  
> 
> 
> ------_=_NextPart_001_01C43E8C.F0772460
> Content-Type: text/html
> 
> <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0
> Transitional//EN">
> <HTML><HEAD>
> <META HTTP-EQUIV="Content-Type" CONTENT="text/html;
> charset=us-ascii">
> <TITLE>Message</TITLE>
> 
> <META content="MSHTML 6.00.2800.1400"
> name=GENERATOR></HEAD>
> <BODY style="FONT-SIZE: 10pt; FONT-FAMILY: Arial;
> BACKGROUND-COLOR: #ffffff">
> <DIV><SPAN class=515351517-20052004>At the Hayward
> Community Gardens in Hayward 
> California, we have general commercial liability
> insurance from Financial 
> Indemnity Co., through a local agent. We pay
> $1,075/year,&nbsp;including the 
> landowner (the local gas and electric company) and a
> funder (City of 
> Hayward)&nbsp;named as additional insured. The
> garden is about 7 
> acres.</SPAN></DIV>
> <DIV><SPAN
> class=515351517-20052004></SPAN>&nbsp;</DIV>
> <DIV><SPAN class=515351517-20052004>How about
> Directors &amp; Officers coverage? 
> Do any of the gardens have D &amp; O insurance? We
> are debating whether it's 
> necessary.</SPAN></DIV>
> <DIV><SPAN
> class=515351517-20052004></SPAN>&nbsp;</DIV>
> <DIV><SPAN class=515351517-20052004>Stacie
> Chun</SPAN></DIV>
> <DIV><SPAN class=515351517-20052004>Hayward
> Community Gardens</SPAN></DIV>
> <BLOCKQUOTE dir=ltr style="MARGIN-RIGHT: 0px">
>   <DIV></DIV>
>   <DIV class=OutlookMessageHeader lang=en-us dir=ltr
> align=left><FONT 
>   face=Tahoma>-----Original
> Message-----<BR><B>From:</B> Grow19@aol.com 
>   [mailto:Grow19@aol.com] <BR><B>Sent:</B> Thursday,
> May 20, 2004 9:48 
>   AM<BR><B>To:</B>
> community_garden@mallorn.com<BR><B>Subject:</B> Re:
> [cg] 
>   insurance<BR><BR></FONT></DIV>
>   <DIV>Can we hear from community gardens and/or
> community garden organizations 
>   regarding their insurance situations?&nbsp;
> </DIV></BLOCKQUOTE></BODY></HTML>
> 
> ------_=_NextPart_001_01C43E8C.F0772460--
> 
> 
> --__--__--
> 
> Message: 2
> From: Adam36055@aol.com
> Date: Thu, 20 May 2004 14:05:46 EDT
> Subject: Re: [cg] insurance
> To: community_garden@mallorn.com
> CC: SChun@oaklandnet.com
> 
> 
> --part1_1f1.210143f8.2dde4d7a_boundary
> Content-Type: text/plain; charset="US-ASCII"
> Content-Transfer-Encoding: 7bit
> 
> In no way or form should this message be considered
> legal advice, which can 
> only be given by a licensed practitioner in your
> area. 
> 
> However...
> 
> Director's  & Officer's  Insurance?  Holy moly!  
> 
> As a former corporate paralegal who was engaged in D
> & O Litigation on both 
> sides of the fence, I think that it would be
> overkill for a not-for-profit 
> community garden to engage in.  
> 
> Generally D & O Insurance is for stockholder run
> companies that are in the 
> position to be sued for financial misdoings, toxic
> waste dumping and the kinds 
> of things that the folks who run Haliburton or a
> "Malefactor of Great Wealth" 
> should go to the slammer for. 
> 
> Unless you have an atty who insists on it, which I
> doubt, garden insurance 
> protecting the usual mishaps that can happen in a
> not-for-profit garden should 
> be sufficent. 
> 
> And a garden form signed by all gardeners and
> keyholders, with a "hold 
> harmless, at your own risk" phrase should cover you.
> 
> 
> Litigious clients and their attorneys are like
> sharks - they can only feed 
> where there is food, so if there is a basic garden
> insurance policy that should 
> suffice - to give them a tasty D & O policy to feed
> on is being far too nice.
> 
> Best wishes, 
> Adam Honigman
> Volunteer, 
>  Clinton Community Garden 
> 
> > Subj: RE: [cg] insurance 
> >  Date: 5/20/04 1:11:57 PM Eastern Daylight Time
> >  From: SChun@oaklandnet.com
> >  To: community_garden@mallorn.com
> >  Sent from the Internet 
> > 
> > 
> > 
> > At the Hayward Community Gardens in Hayward
> California, we have general 
> 
=== message truncated ===


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