Garden Plot Agreement City of Waterloo

Community Garden Agreement – City of Waterloo

Subject to the terms and conditions of this Community Garden Agreement (the “Agreement”), the City of Waterloo, Iowa (“City”), hereby grantsa revocable license to the person(s) or non-profit entity identified below (individually or collectively, the “Licensee”) to use the following described City-owned property or right-of-way (the “Premises”), solely for the purposes stated herein:

In consideration of the City’s grant of a revocable license to use the Premises on the terms set forth in this Agreement,Licensee hereby agrees to the following terms and conditions:

Duration. This Agreement and the license granted hereunder shall be effective for the following calendar years: ______(not to exceed three years). The license granted herein is effective only for the calendar years indicated above. This Agreement shall not automatically renew or be extended.

Use of Premises. Licensee shall use the Premises only for open green space or private, non-commercial vegetable and flower gardens of a scale similar to those existing in the residential properties in the neighborhood of the Premises. Licensee may not use the Premises for any other purpose. Licensee acknowledges that this Agreement is entered into in furtherance of the purposes of the Cedar Valley Grows Program (the “Program”), administered as a joint effort between City and Cedar Valley Grows, and Licensee is also subject to such rules, regulations, and restrictions of the Program that are not less restrictive than the terms of this Agreement.

Improvements; Vehicles. No structures, fences, buildings, vehicles or equipment shall be placed or parked on the Premises that are not consistent with a private, non-commercial vegetable or flower garden use. Fences and other improvements in the nature of a fixture shall require advance written consent from the Director of Leisure Services or designee. Licensee may not install any other improvements on the Premises. All improvements of whatever type or nature that are left on the Premises at the end of the term hereof shall become the sole property of City, and Licensee shall not be entitled to any compensation for same. No motorized vehicles shall be parked on or otherwise used in connection with the Premises except when such vehicles are actually engaged in maintenance of the Premises.

Maintenance of Premises; Trees. Licensee shall maintain the Premises in a reasonably safe, serviceable, clean and presentable condition, free of weeds, cuttings, and other debris. All wastes shall be promptly removed from the Premises. At the end of the growing season, Licensee shall clean up the Premises. Licensee may plant vegetable or flower gardens, grass, turf, shrubs, and, with the advance written permission of the Director of Leisure Services or designee, trees. Trees or other permanent plantings shall become and remain the sole property of the City, without compensation to Licensee therefor, and may not be removed by Licensee or any other person without advance written permission from the Director of Leisure Services or designee.

Use by Others. The rights granted hereunder are personal to Licensee. The parties anticipate that Licensee may permit others, subject to all terms and conditions of this Agreement, to use the Premises in a manner consistent with Program requirements and the purposes of this Agreement. Such use by others is permitted, but the rights granted to Licensee hereunder may not otherwise be assigned, transferred, sublet or sublicensed to any other person or entity without City’s prior written consent. All permitted users are bound by the terms hereof, and any violation of applicable requirements or any breach of the terms hereof shall have the same effect as if violated or breached by Licensee.

Entry on Premises. City or its agents may enter upon the Premises at any time during the term hereof for the purpose of drilling test holes, making surveys, or accommodating public utilities relocation. When possible, City will attempt to provide advance notice to Licensee.

Legal Compliance. Licensee shall comply with all applicable federal, state, and local statutes, laws, rules, regulations, orders, and ordinances that may affect the Premises or Licensee’s use thereof at any time during the term of this Agreement, including but not limited to ordinances governing noise and weed control.

Insurance. Before entering upon the Premises, Licensee shall provide to City a certificate showing proof of general liability insurance covering the activities of Licensee upon the Premises in the minimum amount of $1,000,000 each occurrence and $2,000,000 aggregate. Licensee’s insurance shall name the City of Waterloo, Iowa as an additional insured.

Risk Allocation; Indemnity. Licensee takes the Premises in “as is” condition and uses the Premises at its sole risk. Licensee agrees to indemnify, defend and hold harmless City, its officers, officials, employees, contractors and agents,from and against any and all claims, demands, causes of action, damages, injuries, losses, costs, fines, penalties, or liabilities whatsoever, including but not limited to attorneys’ fees and expenses, whether to the person or property of Licensee or anyone else,arising from or in connection with the acts or omissions of Licensee or any invitee of Licenseethat relate in any way to use of the Premises.

Termination; Revocation. Licensee agrees that City may, at any time and for any reason,terminate this Agreement and revoke Licensee’s rights hereunder upon fourteen (14) days’ advance written notice delivered to Licensee at its last-known address. In the event of such termination, Licenseeagrees to waive and hereby does waive any and all demands or claims upon the City for damages to growing crops on the Premises and for loss or damage to any improvements that Licensee leaves upon the Premises at the end of said notice period.

General Terms. This Agreement is the entire agreement between the parties and may not be modified except by a written instrument signed by the parties. This Agreement is binding on the parties and the respective heirs, personal representatives and assigns of each.

Licensee Signature(s)

______

Printed name(s): ______

Address: ______

Phone: ______

Approved by: ______Title: ______Date: ______

City of Waterloo, Iowa