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HomeMy WebLinkAboutCOMMUNITY GARDEN AGREEMENT Rev 1819CITY OF PALM DESERT COMMUNITY GARDENS RENTAL AGREEMENT October 1, 2019 – September 30, 2020 NAME PHONE STREET ADDRESS MAILING ADDRESS (IF DIFFERENT) CITY/ZIP EMAIL ****************************************************************************************************************************************** Palm Desert Community Garden rental includes use of an assigned garden plot, use of on-site utilities, and other garden amenities. All garden plots are 4’x10 in size and have an annual rental fee of $35. Garden Location:  Guadalupe  Catalina San Nicholas Santa Rosa Assigned Plot #: . If you are unsure of your plot # please call 760-776-6450 PLEASE NOTE – ONLY ONE PLOT PER PERSON - ASSIGNED ON A FIRST COME, FIRST SERVED BASIS YOUR RIGHTS: The Palm Desert Community Gardens are here for residents to enjoy. You have the right to garden in the plot number listed above for a period of 12 months. This agreement is renewable on an annual basis from October 1 to September 30. Once the City has received the completed and signed agreement along with full payment, you may begin working in your assigned plot any time after October 1. RULES AND REGULATIONS: In order to continue operation of the Gardens as a community project, all gardeners are responsible to maintain their plots and must abide by the following: 1.Gardeners are responsible for maintaining their assigned plot in a weed-free, and pest free condition. Produce must be harvested and not allowed to go to seed. Staff will notify you if your plot is not being properly maintained. You will be given five (5) days to clean up your plot. If it is not cleaned up within five (5)days of the city’s notice, the plot may be cleared out and reassigned. 2.You are responsible for your own pest control. Use organic or natural pest control products only. If your plot is found to have pest infestation, you will be notified and requested that pests/insects be eradi cated organically within five (5) days of notice. Your plot may be cleared out and reassigned if the pest issue persists (unless alternative arrangements have been approved by the City). Gardeners are to contact the City immediately if they detect a fire ant infestation. 3.The gardens have a drip tubing system in each plot. We ask that gardeners do not poke holes in the drip tubing. If there is damage to the drip tubing, you will be responsible for the cost to repair the system and your garden plot may be forfeited. Additionally, gardeners must inspect hoses regularly and make sure the hoses are turned off after use. 4.You must tend to your plot on a regular basis. If you are unable to tend to your plot for an extended period (e.g., during the summer months), you must clear out all vegetation, frames, support, etc. 5.The city’s programmed controller provides watering . If additional water is needed, you are encouraged to manually water your plot using the common area hoses. Use of water should be controlled at all times and not left unattended so as not to flood the walkways. The City will not be responsible for any damage to the garden or vegetation in the event the water supply is interrupted or discontinued. 6.Gardeners shall not plant anything that is consid ered to be invasive (i.e., sweet potatoes, mint, lemon balm, oregano, and asparagus). Vines must be contained and not allowed to grow out of the garden plot. 7.No trees or illegal plants may be planted in the garden plots. 8.Plots may not be transferred. Plots are for the sole use of the paid/assigned gardener. COMMUNITY GARDENS RENTAL AGREEMENT PAGE 2 of 2 9.Requests for refund will only be processed within 30 days of signing this rental agreement. 10.You will be given a key to enter and exit the gardens. The key works for all gardens on San Pablo and the restroom located in the San Nicholas garden. The Freedom Park Garden has a different key that only works at that site. Please make sure that the gate is locked when exiting. If you relinquish your plot for any reason, the key must be returned to the City as soon as possible. 11.Notify the City if you lose your key and need a replacement. There is a fee of $3.00 per lost key. 12.The city is not responsible for the personal safety of the gardener or their guests while in the garden. It is a public space, mu ch like a park, and the same precautions must be observed. Immediately contact the police if suspicious activity is observed. Notify the City if there are any areas in need of repair. It is the gardeners’ responsibility to inform any guests of the rules of the garden. 13.The City is not responsible for lost or stolen property. 14.The garden is a non-profit facility; therefore, those who use the gardens as a means to make money will be asked to relinquish their plots immediately. 15.No permanent structures, such as mulch bins, are to be built or placed. 16.All gardens have been provided with recycling bins. Please use them appropriately. 17.Smoking is not permitted in the gardens. 18.Gardeners shall not use, consume, or be under the influence of any illegal drugs or al coholic beverages while on the garden premises. 19.Pets are not permitted on the garden premises other than those assisting persons with disabilities. 20.If you desire to listen to music while gardening, please use headphones so as not to disturb other gardeners or nearby residents. 21.Gardeners shall not burn any debris, vegetation, or weeds in the gardens or on any property adjacent thereto; nor shall they store or maintain upon the property any flammable, combustible, or hazardous material or waste. 22.If a gardener or their guest is found vandalizing, littering, stealing, or trespassing, the gardener will immediately forfeit use of their plot without a refund of fees. 23.If the city deems your garden plant material is creating a hazard or prevents access for othe r gardeners, the city reserves the right to remove or prune your plant material OTHER: 1.Either party may terminate this agreement upon 30-days written notice. 2.This agreement may be terminated at the City’s discretion if the gardener fails to meet their o bligations under this agreement. 3.The City reserves the right to cease operation of the Palm Desert Community Gardens at any time. 4.If you are leaving for the summer clean out your garden plot and inform the City. 5.The city reserves the right to temporaril y restrict access to the gardens for maintenance purposes. INDEMNITY AGREEMENT: By signing below, the applicant agrees to the following: Applicant shall indemnify, defend, and hold harmless City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Permittee’s authorized activities under the terms of this permit unless solely caused by the gross negligence or willful miscondu ct of City, its officers, employees, or agents. APPLICANT SIGNATURE DATE