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RE: Re: community_garden digest, Vol 1 #1808 - 5 msgs (leases)

  • Subject: RE: [cg] Re: community_garden digest, Vol 1 #1808 - 5 msgs (leases)
  • From: "Jack Hale" <jackh@knoxparks.org>
  • Date: Mon, 24 May 2004 11:01:37 -0400
  • Importance: Normal

Hi-
Attached is the one formal agreement we have with a private organization for
use of land for a community garden.  All the rest are handshakes or a notch
above.  I think the lawyers got a little too heavily involved in this one,
but it gives them something to do, and we managed to get them to delete some
of their more radical ideas.  One thing, you probably shouldn't and needn't
be talking about a lease per se.  I'm not a lawyer, but my understanding is
that leases by definition and regardless of their specific language confer a
kind of temporary but proscribed ownership, more than you are likely looking
for.  That's why this one is called a license agreement.
For what it's worth, I have also included a list of license agreement
elements, which I submitted to these folks before they turned their lawyers
loose on it.
I will be interested to see what you come up with.
JH

Jack N. Hale
Executive Director
Knox Parks Foundation
75 Laurel Street
Hartford, CT 06106
860/951-7694
f860/951-7244


-----Original Message-----
From: community_garden-admin@mallorn.com
[mailto:community_garden-admin@mallorn.com]On Behalf Of Don Boekelheide
Sent: Saturday, May 22, 2004 8:05 PM
To: community_garden@mallorn.com
Subject: [cg] Re: community_garden digest, Vol 1 #1808 - 5 msgs

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
>
> To subscribe or unsubscribe via the web, visit
>
>
https://secure.mallorn.com/mailman/listinfo/community_garden
> or, via email, send a message with subject or body
> 'help' to
>       community_garden-request@mallorn.com
> You can reach the person managing the list at
>       community_garden-admin@mallorn.com
>
> 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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Attachment: Community Garden Agreement (final).doc
Description: MS-Word document

Attachment: license agreement elements.doc
Description: MS-Word document





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