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HomeMy WebLinkAboutINS-13-044 - Community Garden Use Agreements REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: May 6, 2013 SUBMITTED BY: Jim Witmer, Director of Operations ext. 4657 PREPARED BY: Greg Hummel, Manager of Park Planning, Development and Operations ext. 4598 WARD(S) INVOLVED: All DATE OF REPORT: April 16, 2013 REPORT NO.: INS-13-044 SUBJECT: Community Garden Use Agreements RECOMMENDATION: That the Community Gardens Rules & Assumption of Risk template be approved as outlined in Report No. INS-13-044 and any amendment to the template be subject to the satisfaction of the City Solicitor. Further, this Community Gardens Rules & Assumption of Risk template replaces the previously approved Community Gardens Licence Agreement template as outlined in Report No. CSD-09-045, being adopted by Council on August 24, 2009. BACKGROUND: Council adopted Policy I-525 on June 29, 2009 dealing with procedures for community gardens within the City of Kitchener. Further to this, Council then approved the template licence agreement that all community gardens would sign in order to use City land (“Agreement”). These agreements are initiated with groups that are looking for an opportunity to harvest vegetable gardens on low use lands owned by the City. These groups do not have official representation and are not an incorporated association. It is staff’s understanding the community garden groups are at best loosely associated and it is highly unlikely that there is a memorandum of understanding among community garden users. This means that the person signing the Agreement would be personally liable for the contents of the Agreement (“Licensee”). The Agreement becomes restrictive and minimizes public participation in the gardens. REPORT: Council directed staff to come up with a new agreement that met the needs of the user as well as the needs of the City in regards to using City property for community gardens. Recognizing that the City plays a larger role and that staff is trying to balance the needs of the community with risks associated with those needs, the requirements needed are as follows: 7 - 1 to assume liability of the community garden to ensure that gardeners are following specific rules and regulations to ensure that the gardeners have acknowledged the permitted uses and to follow the rules by signing the agreement The attached agreement, when signed, will ensure that the gardener knows the rules and agrees to follow them. This gives the City some comfort that the intended use meets the standards set out by the City and meets the needs of the community. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Leadership and Community Engagement: Community gardens offer citizens an opportunity to become part of a community that promotes active socialization, communication and partnership in the success of their gardens. Diversity: A Community garden brings together people from various backgrounds and promotes two-way communication with citizens to enhance inclusion of all citizens. COMMUNITY ENGAGEMENT: This new agreement was a response to input from existing gardeners. Through their comments it was realised that the old agreement was cumbersome and became a detriment for moving gardens forward. This new agreement will make it quicker and easier to get gardeners in the garden. FINANCIAL IMPLICATIONS: No financial impact by this agreement. ACKNOWLEDGED BY: Pauline Houston, Deputy CAO, Infrastructure Services Department 7 - 2 Community Garden Rules & Assumption of Risk The person signing the below acknowledgment, the “gardener”, agrees to the following: RULES 1. The gardener understands and agrees that: a. Only fruits, flowers and/or vegetables may be grown on a non-commercial basis b. No illegal crops shall be grown c. Garden plots are limited to residents of Kitchener d. Enlarging garden plots is not permitted e. Garden tools and seeds must be supplied by the gardener f. Pets are not allowed to roam free g. Pesticides shall not be used h. Use of the community garden is only from dawn until dusk i. Water provided at the community garden is non-potable and is only for plant use stst 2. Community gardens may be used between May 1 and October 31, subject to any further direction by the City of Kitchener (“City”). Garden plots not planted by June 15 may be reassigned to other gardeners. 3. Pathways between garden plots are not to be planted in. Each gardener is responsible for keeping one half of the pathway adjoining the garden plots clear of weeds. 4. The gardener shall leave the community garden, including the garden plot, in a tidy condition at all times, including grass cutting, trimming and weeding, and make all arrangements for waste management and disposal. 5. Organic waste material may be deposited in the appropriate area at the community garden as may be directed by the City from time to time. All other refuse and garbage material must be taken from the community garden by the gardener. 6. Gardeners are asked to stay within the community garden area as identified by the City from time to time. 7. Garden plots must be cleared of all vegetables, plant top growth, plot fencing, etc. by November 4th. Remaining items will be removed and forfeited after November 4th. Do not remove number plates or stakes if present at the community garden. 8. Gardeners are to respect the rights and property of others. Report any suspicious activities to Waterloo Regional Police at 519-653-7700 or Crime Stoppers at 1-800-222 – tips (8477). 9. Any further rules for a specific community garden, if applicable, are attached in Schedule A. 10. The right to use a garden plot will be forfeited by gardeners not abiding by the above rules. 7 - 3 ASSUMPTION OF RISK 11. The gardener does hereby assume all risk of damage to or loss of its equipment, garden, and anything grown at the community garden howsoever caused, and does hereby release the City from all claims and demands with respect thereto including damage to or loss of equipment arising from the act, default, or omission of the City, its agents, servants, employees, subcontractors, customers, invitees or licensees or resulting from any cause whatsoever (save and except damage or loss resulting solely from the City's wilful or reckless disregard or gross negligence). 12. The gardener does hereby assume all risk of any injury, including death, to its agents, servants, employees, subcontractors, customers, invitees or licensees on City lands, including injury occasioned by or arising from the act, default, or negligence of the City or resulting from any cause whatsoever (save and except damage or loss resulting solely from the City's wilful or reckless disregard or gross negligence). By signing this form, I state that I ACKNOWLEDGE HAVING READ, UNDERSTOOD AND AGREED to the above Rules & Assumption of Risk and I am aware I am WAIVING CERTAIN LEGAL RIGHTS to which I may have against the City of Kitchener. Date: _____________________________________ Signature: _________________________________ Name: ____________________________________ This template was pre-approved by Council on May 13, 2013 and is to be used for all Community Gardens and no amendment to the terms hereof may be made without prior approval of the City Solicitor. 7 - 4