2013 LAND MANAGEMENT AGREEMENT. Keller Street Community Garden at the State College Friends Meeting House

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1 2013 LAND MANAGEMENT AGREEMENT Keller Street Community Garden at the State College Friends Meeting House This Agreement is made this day of, 20, by and between the STATE COLLEGE FRIENDS MEETING, hereinafter referred to as Landowner, and SPRING CREEK HOMESTEADING FUND, hereinafter referred to as Garden Manager. Background - Garden Manager desires access to Landowner s garden site, located at Keller Street and Prospect Avenue in State College, PA, for the purpose of offering small community gardening plots to the public for the gardening season beginning April 13, 2013 and ending November 30, Landowner desires to make the land available to the public for community gardening during that interval, under the supervision of the Garden Manager. The parties are desirous of setting forth the terms and conditions for the land management agreement. In consideration of the mutual covenants and conditions herein contained, the parties intending to be legally bound agree as follows. ARTICLE I Effective Date This Agreement is effective as of the date indicated above and expires December 15, 2013 (two weeks after the close of the 2013 gardening season). ARTICLE II Terms of Access and Use 2.01 The Landowner hereby agrees to give the Garden Manager and authorized community gardeners access to the garden site for the purpose of improvements, maintenance, cultivation, garden supervision and occasional educational gardening workshops. The Landowner also agrees to install a water line from the main building to the corner of the garden, and to make water available to the community gardeners for non-potable irrigation purposes, said system to be operational no later than May 1, The Garden Manager hereby agrees to supervise the proper maintenance of the community garden plots, according to the terms of the 2013 Garden Plot Use Agreement (attached). The Garden Manager also agrees to collect garden use fees (totaling $350 for 14 public plots rented at $25 per plot). The Garden Manager will contribute $175 (50% of the garden plot use fees) to the Landowner to offset the cost of water service to the garden. The Garden Manager also agrees to hold Security Deposit funds and disburse them to community gardeners at the end of the season for plots left in good condition (as defined by the Garden Plot Use Agreement) and retain them for site improvements for plots left in poor condition. ARTICLE III Conflict Resolution Provisions 3.01 The Landowner s representative for resolution of concerns regarding the community garden will be Gary Fosmire of the Friends Meeting Building & Grounds Committee. The Garden Manager s representative for resolution of concerns regarding the community garden will be Katherine Watt, Spring Creek Homesteading Fund s Program Director. The two

2 representatives will engage in good faith negotiations to resolve any concerns expressed by either of their constituencies If the representatives are unable to resolve concerns, Garden Manager agrees to relinquish access to the garden site within two weeks of receiving a written notice to vacate from the Friends Meeting. Garden Manager also agrees to timely notify all community gardeners that access to the garden site has been revoked, so that they may remove their plants, row cover, support structures, tools and other personal property within two weeks of the notice to vacate The provisions of the Agreement shall be construed according to the laws of the Commonwealth of Pennsylvania If any provision of this Agreement shall contravene or be invalid under the laws of the United States or of any state or municipality, such contravention or invalidity shall not invalidated this Agreement. It shall be construed as not containing said provision and the rights and obligations of the parties to this Agreement shall be interpreted, construed and enforced accordingly The whole of this Agreement is set forth herein and there is no verbal or other written agreement, no understanding or custom affecting the term thereof. This Agreement can be modified only by a written instrument signed by Landowner and Garden Manager. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused their seals to be hereto affixed and this Land Management Agreement to be signed by them. WITNESS: LANDOWNER: By: Gary Fosmire for State College Friends Meeting 611 E. Prospect Ave. State College PA gjf5@psu.edu ATTEST: GARDEN MANAGER: By: Katherine Watt for Spring Creek Homesteading Fund 156 West Hamilton Ave. State College PA katherine_watt@hotmail.com

3 ATTACHMENT A 2013 GARDEN PLOT USE AGREEMENT Keller Street Community Garden at the State College Friends Meeting House Please carefully read, sign and return this document, with your $50 payment ($25 nonrefundable garden use fee and $25 refundable security deposit). Make checks payable to Spring Creek Homesteading Fund, (Garden Manager) with Keller Street Community Garden in the memo line and mail to: A. General Spring Creek Homesteading Fund 156 West Hamilton Ave. State College PA All Keller Street Community Garden gardeners in good standing will be entitled to: 1. Use of one 5 by 20 foot plot for personal gardening purposes. 2. Access to gardening implements and non-potable water for irrigation. B. Ownership and Management 1. Ownership The Keller Street Community Garden is owned by the members of the State College Friends Meeting, with plots made available to the public for seasonal use. 2. Management Authority The Keller Street Community Garden is managed by Spring Creek Homesteading Fund, specifically Program Director Katherine Watt. 3. Gardening Season - The 2013 growing season starts on April 13, 2013 and runs through November 30, C. Terms of Garden Plot Use 1. General Gardeners are encouraged to work to keep the garden a happy, secure, and enjoyable place where all participants can garden and socialize peacefully in a neighborly manner. Use of the garden is at the discretion of the owner and the garden manager. 2. Garden Use Fee - In order to utilize a plot, gardeners agree to pay an annual garden use fee of $25, due one week after receiving notification about a plot assignment. Garden use fees are non-refundable. 3. Security Deposit - Gardeners agree to also pay a $25 refundable security deposit, which may be refunded on or before December 15, 2013, if plots have been left in good condition. The Security Deposit will be forfeited if the plot is not properly

4 maintained and cleaned up. Inspections will be performed between Dec. 1 and Dec. 14, At close of season November 30, 2013: All wooden stakes, excluding the plot corner stakes, must be removed and piled neatly beside the tool box. All plastic coverings, fencing, tomato cages, trellis structures, structures, garden ornaments and watering cans must be removed. All plants and weeds, excluding perennials and cool season crops that are still producing, must be removed from the plots. Cover crops may remain. Any compost piles must be spread across the plot or removed from the site. 4. Plot Maintenance Standards a. The plot size is 100 square feet - 5 by 20 feet. There are 14 public plots in the lower section of the garden where the numerals begin for the second time on the attached map (red on color versions). There are six raised bed plots in the upper section, reserved for use by members of the Friends Meeting and children in the nursery school (green on color versions). b. Maintenance of plots is the responsibility of the gardener. c. Plots may not be left fallow or untended for any period of time exceeding one week. d. Gardeners must maintain plants within the plot limits, without extending their gardens outside the marked plot into other plots or walkways. e. Vegetation must be kept less than six feet in height. f. Cultivars, weeds, pests and diseases must be managed using only organic methods, techniques and substances. g. Public walkways surrounding each garden plot must be kept free of weeds. h. Compost can be processed at the site, in the compost bins. i. Recyclables and trash must be taken off-site. j. Gardening activities should be briefly noted in the maintenance log kept in the tool box (simple notation of name/date/planting,weeding,etc.) to help the garden manager ensure that plots are being tended regularly and not abandoned. k. Failure to properly maintain a garden plot will result in one or phone warning from the Garden Manager. l. Without a visible response or correction after two weeks, maintenance problems within a plot (for instance, weedy vegetation) may be directly handled by the Garden Manager, and the gardener may be notified via or phone that he or she has forfeited the garden plot and security deposit. m. Relinquished plots will be offered first to interested gardeners on the waitlist, and then to current gardeners interested in taking on a second plot. 5. Irrigation - A water line providing non-potable water for irrigation purposes has been installed from the Friends Meeting House to a spigot, located near the upper gate. Buckets and watering cans may be filled at the spigot to irrigate crops. Hoses are not permitted and water conservation measures are encouraged.

5 6. Tool Use - Communal tools and equipment may not be removed from the premises of the garden. 7. Tool Security Gardeners may not make duplicate keys of any locks on the premises, or give out the key or lock combinations to any other person. Keys must be returned to the Garden Manager on or before November 30, Workday Participation Gardeners must participate in at least one of the monthly workdays during the growing season, held at the garden on the second or third Saturday of each month from 1 p.m. to 3 p.m. (Schedule: April 20, May 18, June 15, July 13, August 17, September 21, October 19, November 16.) 9. Prohibited Activities a. No illegal plants may be grown in the garden. b. No smoking, drinking alcoholic beverages, use of illegal drugs or gambling are permitted at the garden site. Gardeners may not come to the garden under the influence of alcohol or illegal drugs. c. No weapons are permitted in the garden. d. No animals may be brought into the garden (except feral cats, who may help control mice, voles, groundhogs and other pests). e. Neither offensive nor profane language may be used around other gardeners. 10. Guests Gardeners may bring guests to the garden, including children, but must accompany their guests. Gardeners are responsible for guests and agree to ensure that guests adhere to the terms and conditions herein. 11. Liability Waiver Gardening has inherent risks; use and misuse of gardening tools may result in injury, and soil and food-borne diseases, although rare, may be contracted through gardening or consuming undercooked food. Garden managers and the property owners shall not be held liable for accidents or injuries. By signing below, the gardener agrees to the terms and conditions stated herein. Signature Printed Name Gardener Address Date: Phone Approved Katherine Watt, Garden Manager Date:

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