2016 MERRIAM STATION COMMUNITY GARDEN CONTRACT AND GUIDELINES This Merriam Station Community Garden (MSCG) Contract and Guidelines (“Agreement”) is effective beginning (DATE) and between (GARDENER) and the Union Park District Council, a Minnesota nonprofit corporation. This Contract includes a RELEASE FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATIONAGREEMENT, an agreement with the City of St. Paul. AS A MEMBER OF THE MERRIAM STATION COMMUNITY GARDEN, I AGREE TO THE FOLLOWING TERMS, OBLIGATIONS AND CONDITIONS: Organization The MSCG Management Team is elected by MSCG Gardeners according to our charter. Plot Assignment and Fees 1. The land on which the garden is established is owned by the Minnesota Department of Transportation (MnDOT) and is leased to the Union Park District Council (UPDC) through the City of Saint Paul. 2. Garden plots are rented on an annual basis. 3. Garden plots are assigned to me only and are not transferable. Others may garden at my plot, but the responsibility for payment of fees, cleanup and other duties at the garden is solely my responsibility. 4. A non-refundable fee is due in full on the date established by the Management Team. 5. Barring prior arrangements, I will forfeit the holding fee and the plot if I have not begun planting, preparing soil or showing other signs of activity by Memorial Day. Plot an d Gene ral MSCG Maint enance 6. I agree to maintain my plot and adjacent paths in an orderly fashion. For example, I will: •
remove noxious weeds; diseased plants and plants damaged by invasive insects
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properly store tools, pots, hoses and equipment when not in use
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properly and neatly install any fencing that I have and repair it as needed
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harvest ripe food in time or make arrangements with the food donations team to harvest
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keep paths weeded and mulched with material provided by MSCG
7. I agree to use only natural materials for mulch, such as grass clippings, leaves, and straw. 8. I will not use pesticides or herbicides 2016 Merriam Station Community Garden Agreement
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2016 MERRIAM STATION COMMUNITY GARDEN CONTRACT AND GUIDELINES 9. I will abide by any list of prohibited plants or planting methods that is specified by the Management Team. 10. In addition to maintaining my own plot, I will volunteer at minimum 12 hours per season (May-Nov) (i.e., an average of 2 hours/month) for projects that benefit MSCG as a whole: • I will attend scheduled workdays. If I must be absent, I will inform a designated person in advance and make alterative arrangements to fulfill this requirement. • I understand that the Management Team will provide a list of approved tasks and projects and must pre-approve any that I propose to do. • I am responsible for fulfilling this requirement and will record my volunteer hours online or in the Communications Binder. 11. I will participate in general garden cleanup at the end of the season and close down my plot by the date designated by and to the specifications of the Management Team. Failure to Perform Maintenance 12. Failure to perform maintenance obligations in a timely manner will result in the following: a) Using the contact information I have provided, a Management Team member will notify me of the problem and tell me how to correct it. b) If I do not correct the problem within 7 days, I will be contacted again. c) If I do not correct the problem within 3 days after the second contact, my plot will be reassigned to another gardener or will revert to the community. Compliance with Other Obligations 13. I agree to only park in designated areas. I will not park in the bus turn-around or interfere with bus traffic in the turnaround. 14. I will treat garden equipment with respect. 15. I will follow the composting rules as posted at the garden and on the website. 16. It is assumed that I am receiving communications from MSCG using the email address I have provided in my application. Should my contact information change, I am responsible contacting the Management Team with updated information. If I do not have an email address, I will coordinate with another gardener to stay informed.
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2016 MERRIAM STATION COMMUNITY GARDEN CONTRACT AND GUIDELINES Personal Conduct 17. I agree to treat others with courtesy and respect. 18. I will not bully, harass or act in ways that demean others. 19. Unless asked to do so, I agree not to contact external organizations on behalf of Merriam Station Community Garden or conduct myself in any way that would harm our standing with neighboring residents, businesses or public officials. 20. I will respect the contact information other gardeners might share with me for MSCG organizing purposes. For example, I will not add people to email lists without permission or share information with outside organizations. 21. While at the garden, I will keep my pets under control and clean up after them. Rules and Decisions 22. I agree to abide by decisions of the Management Team regarding operations of MSCG. 23. I understand that violations of any condition in this Agreement may result in forfeiture of my plot and rental fee. The Management team will have discretion in deciding when warnings will be given. 24. If I do not maintain the plot according to the Management Team's standards, I will not be offered a plot next year. Disclaimer I understand that the garden is located on MnDOT right-of-way with existing utility easements affecting the property. As such, our use of the property could be disrupted or revoked without notice and without compensation to me. Union Park is not liable and shall not be held accountable for any loss of property, including, but not limited to, loss due to theft or vandalism, personal injury, disruption of use due to city utilities, or any other loss or injury occurring at Merriam Station Community Garden. Soil Tests I am aware that various soil tests results are available at www.MerriamStation.org; this includes the one conducted by the MN Department of Transportation, which is referred to below under RELEASE FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT.
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2016 MERRIAM STATION COMMUNITY GARDEN CONTRACT AND GUIDELINES
Return the following 2 pages with your payment.
Note to current MSCG Gardeners: Since contracts are offered on a yearly basis, everyone must sign a new contract each year. In addition, all gardeners must sign the RELEASE FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT which is on the next page.
2016 Merriam Station Community Garden Agreement
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2016 MERRIAM STATION COMMUNITY GARDEN CONTRACT AND GUIDELINES
Return this page (1/2) with your payment.
RELEASE FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT This Agreement is entered into on: ___________________________, by and between ___________________________________________ (Gardner Name) and the City of Saint Paul. 1. The undersigned states that he/she has requested and been assigned a gardening plot at the community garden located on land owned by the Minnesota Department of Transportation (MnDOT) at the northwest quadrant of I-94 and Prior Avenue in the City of St. Paul. The assignment to a gardening plot was made by the Union Park District Council pursuant to a permit issued by MnDOT to the City of St. Paul. 2. The undersigned states that he/she has been provided a copy of or access to the Soil Investigation Work Plan prepared for MnDOT and dated June 26, 2012, and states that he/she has read and understood that document. 3. The undersigned agrees, on behalf of himself/herself and other persons who are directly under their custody, care, or control who may use the gardening plot assigned to the undersigned, to release and forever discharge and covenant not to sue the City of Saint Paul and its employees or the State of Minnesota, its Commissioner of Transportation and employees, and also agrees to hold them harmless from any and all claims, demands, and causes of action of any kind that in any way arise out of or relate to his/her use of the assigned garden plot or the operation of the community garden, regardless of whether such injury, death, loss or damage is caused in part by the negligence of MnDOT or the City, or is deemed to be the responsibility of MnDOT or the City because of its failure to supervise, inspect or control the operations at the community garden site, or otherwise discover or prevent actions giving rise to liability of any person. 4. The undersigned attests that he/she has authority to bind all persons who are directly under their custody, care, or control who may use the gardening plot assigned to the undersigned. 5. This Release shall be governed by and construed in accordance with the laws of the State of Minnesota.
PRINTED NAME OF GARDENER __________________________ Signature _________________________________________________ Address __________________________________________________ Date_____________________________________________________
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2016 MERRIAM STATION COMMUNITY GARDEN CONTRACT AND GUIDELINES
Return this page (2/2) with your payment.
Gardener Name: ________________________________________ ________ Plot #: Plot numbers followed by an “h” are half plots. Plot numbers without an “h” are full plots. Phone(s):
(specify (h), (m), (o))
Email Address: ________________________________________________
Enclosed Plot Fee: $ __________ ($35 Full Plot or $20 Half Plot unless otherwise specified) Plot fees essentially cover the water bill. They do not cover the cost of buying soil amendments, tilling, or other expenses that may come up for gardeners. Enclosed Donation: $ __________ (tax deductible) While not required, a donation, in addition to your plot fee will help us stay on track with our financial plan. Make checks payable to “Union Park District Council” and mail it with this signed page to:
Megan Curran 178 Wilder Street North St. Paul, MN 55104 By signing below, I agree that I have read and understood the 2016 MERRIAM STATION COMMUNITY GARDEN CONTRACT AND GUIDELINES and all its terms, conditions and obligations, and that I agree to them and will abide by them.
Gardener Signature: _________________________________________
Date: _______________________________________________________ 2016 Merriam Station Community Garden Agreement
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