[cg] :Gardener agreements

[Sally McCabe]

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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