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HomeMy WebLinkAboutUNI - Community garden agreement - 3.20.2023Community Garden Agreement Subject to the terms and conditions of this Community Garden Agreement (the "Agreement"), the City of Waterloo, Iowa ("City"), hereby grants a revocable license to the person(s) or non-profit entities 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: A portion of Highland Park generally depicted on Exhibit "A" attached hereto. 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: 1. Duration. This Agreement and the license granted hereunder shall be effective commencing the date of approval by the City as indicated below and continuing until and including December 31, 2023. The license granted herein is effective only for the period indicated above. This Agreement shall renew for up to two (2) additional terms of one-year each if Licensee delivers written notice of renewal to City by November 30 and City does not reject renewal in writing by the following January 31. 2. Use of Premises. Licensee shall use the Premises only for growing vegetables in connection with a program (the "Program") operated and overseen by Licensee. Licensee shall, in good faith and to the extent reasonably feasible, coordinate the Program with the Highland Neighborhood Association, Black Hawk County Health Department, and other organizations or agencies with a bona fide interest in community gardening. For purposes of this Agreement, persons participating in the Program as producers are "Participants." Produce is grown for personal consumption and may also be grown for sale. Licensee agrees that all produce sales will be conducted at local farmers' markets or other off -Premises locations. Licensee and the Participants may not use the Premises for any other purpose. Licensee shall be responsible to monitor proper use of the Premises. Program activities shall be conducted during daylight hours. 3. Improvements; Vehicles. No permanent or temporary 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, except that Participants may construct raised garden beds, fences and/or a small tool shed. The size and location of any shed and the height of fences shall be approved by City in advance. Other improvements shall require advance written consent from the City's Leisure Services Director 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. Notwithstanding the foregoing, by the end of the term of this Agreement Licensee shall remove all improvements made by Licensee or Participants, unless the City has agreed in writing that such improvements may remain in place. 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. 4. Water. At its own expense and at a location to be approved in advance by City, Licensee shall install, or cause to be installed, a water meter pit and backflow prevention device. Licensee shall be responsible for all costs of water usage and shall terminate water service at end of season to ensure no freezing of pipes or equipment. 5. 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 each growing season, Licensee shall clean up the Premises. Licensee may plant trees and shrubs only with the advance written permission of the City's Leisure Services Director or designee. Trees or other permanent plantings shall become and remain the sole property of the City, without compensation to Licensee or Participants therefor, and may not be removed by Licensee or any other person without advance written permission from the City Planner or designee. 6. Use by Others; Non -Assignment. The rights granted hereunder are personal to Licensee. The parties anticipate that Licensee will permit Participants, 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 Participants 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 itself. 7. 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. 8. 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. 9. Insurance. Before entering upon the Premises, Licensee shall provide to City a certificate of self-insurance. Licensee shall keep such insurance in force during the term of this Agreement. Both parties understand and agree Licensee is self -insured. 10. Risk Allocation; Indemnity; Liability Waiver. Licensee takes the Premises in "as is" condition and uses the Premises at its sole risk. As against City, Licensee is solely responsible for all risks and liabilities to which any Participant may be exposed. 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 in respect of the person or property of Licensee, a Participant, or anyone else, arising from or in connection with the acts or omissions of Licensee, any Participant, or any other invitee of Licensee or a Participant that relate in any way to use of the Premises. Without in any way limiting or modifying the foregoing indemnification provision, Licensee, for itself and on behalf of each Participant and any other person for whose acts Licensee may be liable, does hereby release, waive, discharge and covenant not to sue City, its officials, officers, employees, volunteers and agents, from or in relation to any and all claims, demands, actions, costs, expenses, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorney's fees and expenses, arising out of or in any way connected with use of the Premises by Licensee, Participants or their invitees, that result in, but not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, death, economic loss or property loss or damage. This Section shall survive the expiration or termination of this Agreement for any reason. Any obligation to indemnify, defend, hold harmless, and/or similar type of obligation herein by Licensee shall be consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669. 2 11. No Warranty. City shall not prepare the Premises in any way for Licensee's use. Licensee takes the Premises in it "as is" condition. City makes no representation or warranty that the Premises is suitable for Licensee's use or any other purpose. Licensee is responsible to conduct its own investigations and due diligence. 12. Sole Responsibility. Except as expressly set forth in this Agreement, Licensee shall be solely responsible for all costs and expenses involved with the Program or otherwise for Licensee's use of the Premises. City shall provide no funding, services, labor, equipment or other support. 13. No Third -Party Beneficiaries. This Agreement is for the exclusive benefit of the parties hereto. No third party, including but not limited to any Participant, shall have any right, privilege, option or other benefit under or in connection with this Agreement. 14. Termination; Revocation. Licensee agrees that City may, at any time and for any reason, terminate this Agreement and revoke Licensee's rights hereunder upon sixty (60) days' advance written notice delivered to Licensee at its last -known address. In the event of such termination, Licensee agrees 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. 15. General Terms. This Agreement is the entire agreement between the parties relating to this subject matter and may not be modified except by a written instrument signed by the parties. This Agreement is binding on the parties and the respective successors and assigns of each. IN WITNESS WHEREOF, the parties have entered into this Community Garden Agreement by their duly authorized representatives. Licensee Signature: University of Northern Iowan—e„tv, fv, By: r I.4/ /770r Title: 594;ol Vice- "tifyt, Contact name and address: P1. A 11 C. .ei T45 t , £N , ..1 L 1-661 Contact phone: 3(6t-a13-).g C€ U S 4I4-c)O03 Querciin l za' Approved by: �' Title:Mayor City of Waterloo, Iowa Date: 3/20/2023 City contact: Jacob Geller, Natural Resources Technician, 319-291-4370 3 Proposed Location of Highland Park Community Gardens (0.75 acres) - EXHIBIT A 4