LICENSE
FOR
USE OF CITY PROPERTY FOR AGRICULTURE USE
THIS LICENSE AGREEMENT ("Agreement") is entered into this __th day of ______, 2015 ("Effective Date") by and between the City of Lawrence, a municipal corporation ("City"), and Adam Weigel and Kathleen Hamilton (“Licensees”).
A. The Licensees hereby requests to participate in the Common Ground urban agriculture project and agrees to abide by all rules and procedures of the program.
B. Licensees have requested the City to issue it a license for the purpose of maintaining a garden on City-owned land.
NOW, THEREFORE, and subject to the terms and conditions below, the City hereby grants to Licensees the non-exclusive use of the City property described and defined below and, in consideration of the license granted to Licensees herein, Licensees agrees to the following:
1. Licensed Property. The licensed property consists of that property highlighted on the map attached as Exhibit A, and further known as Douglas County Parcel Number(s) 023-079-31-0-40-21-018.00-0 and legally described as Lot 141 Pennsylvania Street in the City of Lawrence and commonly known as 1313 Pennsylvania (the "Licensed Property"). The Licensees accepts the property “as is” and the City makes no warranty or guarantee as to the suitability of said property for the production of crops.
2. Purposes. Licensees may use the Licensed Property for the purposes herein and for no other purpose or use without the express prior written consent of the City. The purpose and use of the Licensed Property shall be for agricultural use and participation in the Common Ground urban agriculture program pursuant to the Rules and Regulations of the program as set forth in Exhibit C attached hereto.
3. Term of License. This License shall begin on the date first set forth above and shall expire on December 31, 2018, unless earlier revoked by the City at its sole discretion. The term shall automatically renew for an additional period of one year at the end of each calendar year thereafter for a one year term unless either party gives written notice of termination of the license agreement to the other party at least 30 days prior to the end of the term.
4. Operation Requirements. Licensees agrees to the following:
a. Licensees shall adhere to the Maintenance Requirements & the Rules and Procedures Manual of the program which are attached as Exhibit B and to all the requirements of the Request for Proposals.
b. Licensees and its agents shall maintain the property in a reasonably clean condition, and, at the termination of the license, shall remove all equipment, refuse and any other materials brought onto the property by the Licensees. At the end of each growing season, the Licensees shall clean and clear the previous season’s crops from the property and keep the property in a reasonably clean condition.
c. Any equipment used on the licensed property shall produce noise levels no greater than the limits permitted by the City's noise ordinance.
5. Qualifications of Licensees. Licensees shall be qualified to perform all activities described in Section 2.
6.
Indemnification
and Insurance.
Licensees
shall defend, indemnify and hold harmless the City, its officers, agents,
employees, successors and assigns from any and all claims, losses, costs, damages, expenses and liabilities, including
reasonable attorneys' fees, for or from loss of life or damage or injury
to any person or property of any person or
entity, including, without limitation, the agents, officers, employees, invitees
and Licensees of the City, arising out of, connected with or incidental
to, either directly or indirectly, Licensees’ use of, construction on, or
maintenance of the Licensed Property during the term of this License by Licensees,
its employees, agents, contractors and
subcontractors, Licensees
or invitees or the exercise by Licensees of any of its rights or the performance
by Licensees of any of its obligations. Licensees shall not interfere with or
damage existing utility facilities or City infrastructure, on, off, under, or
near the Licensed Property, and shall indemnify
and reimburse the City for any damages, costs, expenses or liabilities
resulting from Licensees’ damage or
interference therewith. The indemnity obligation contained in this Section
shall survive the expiration or earlier termination of this License. In no
event, however, shall the foregoing agreement to defend, indemnify and hold
harmless the City be deemed to extend to any liability for any
environmental condition of the Licensed Property.
Licensees shall, at its own expense, defend the City in all litigation, pay all reasonable attorneys' fees, damages, court costs and other expenses arising out of such litigation or claims incurred in connection therewith; and shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, agents or employees, arising out of such litigation.
Licensees shall take out and maintain at its own expense, during the term of this License, Comprehensive General Liability insurance, unless said insurance is provided by the City, wherein the City is named as an additional insured, as shall protect itself, the City, and any entity performing work covered by this License from claims for damage for personal injury, disease, illness or death, including accidental death, as well as from claims for property damages which may arise from operations under this License, whether such operations be by itself or by any entity or by anyone directly or indirectly employed by either of them. The Comprehensive General Liability insurance policy shall have limits of liability of not less than Five Hundred Thousand Dollars ($500,000.00) applicable to the liability assumed by Licensees under this Section 5. Licensees shall provide to the City Attorney’s Office a copy of its Certificate of Insurance at the time of execution of this License. All insurance required hereunder shall be effected under valid and enforceable policies issued by insurers of recognized responsibility authorized to do business in the State of Kansas, and shall contain a provision whereby the insurer agrees not to cancel the insurance without thirty (30) days prior written notice to the City Manager, 6 E. 6th Street, Lawrence, KS 66044.
7.1 Events of Default. Each of the following, without limitation, shall constitute an event of default by Licensees:
a. Licensees fails to keep, perform and observe any promise or agreement contained in this License; or
b. Any lien is filed against the Licensed Premises because of any act or omission of Licensees.
7.2 Upon
the occurrence of any of items (a) through (b) of Article 7.1, the City may, at
its option, exercise
any
one or more of the following rights and remedies:
a. deny access to the Licensed Property; or
b. terminate this License Agreement; or
c. Exercise any and all additional rights and remedies that the City may have at law or in equity.
d. The City shall provide the Licensees written Notice of any action or remedy exercised pursuant to this License. Said Notice may provide the Licensees a period to cure or remedy in order to become compliant with the terms of this License.
7.3 No waiver by the City at any time of any of the terms or conditions of this License Agreement shall be deemed or taken as a waiver at any time thereafter of the same or any other terms or condition herein or of the strict and prompt performance thereof. No delay, failure or omission of the City to take or to exercise any right, power, privilege or option arising from any default, or subsequent acceptance of any fee then or thereafter accrued shall impair or be construed to impair any such right, power, privilege or option to waive any such default or relinquish thereof, or acquiescence therein and no notice by the City shall be required to restore or revive any option, right, power, remedy or privilege after waiver by the City of default in one or more instances. No waiver shall be valid against the City unless reduced to writing and signed by an officer of the City duly empowered to execute same.
7.4 Except as otherwise provided herein, neither the City nor Licensees shall be deemed to be in default or breach of this License Agreement by reason of failure to perform any one or more of its obligations hereunder if, while and to the extent that such failure is due to strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of government authority, floods, riots, rebellion, sabotage or any other circumstances for which it is not responsible and which are not within its control; provided that Licensees’ obligation to pay fees, additional fees, charges or other money payments required by this License Agreement which have been incurred prior to the force majeure event or following its cessation shall continue.
8. Compliance with Laws. Licensees shall comply with local, state, and federal laws, regulations, ordinances and orders governing the Licensed Property and the activities authorized hereunder, and shall obtain all necessary permits from the City prior to commencement of the activities authorized hereunder. Licensees shall be in compliance with their approved site plan.
9. Safety Measures. Licensees shall fence, barricade or take such other measures as the City deems necessary or appropriate to protect the general public from any danger posed by Licensees’ activities or Licensees’ property under this License. Licensees shall also take measures to protect existing City infrastructure on the property, including but not limited to sidewalks, water and sewer lines, water meters and other utilities.
10. Taxes and Other Charges. Licensees agree to timely pay all taxes, if applicable, and any other charges or expenses attributable to Licensees’ activities.
11. Other Charges Utilities. Licensees agrees to pay for any and all utility charges that may apply to the licensed property including, but not limited to water utilities, waste water and stormwater charges, sanitation, electric and gas and to place any such utilities accounts in its name.
12. Surrender of
Premises and Title to Improvements. Licensees shall yield
and deliver peaceably to
the City possession of the Licensed Property on the date of cessation of this License, whether such cessation
be by revocation, termination, expiration or otherwise, promptly and in good condition. Prior to such
surrender of the Licensed Property, Licensees
shall restore and repair any and all damage to the Licensed Property caused by,
related to or resulting from Licensees’
operations thereon, normal wear and tear excepted. If requested by the City,
Licensees shall remove all improvements and restore
the Licensed Property to its original condition. Otherwise, title to all improvements constructed or installed by Licensees
on the Licensed Property shall vest in the City upon completion of the
Project or upon termination of this License prior to completion of the Project.
Any crops not removed from the Licensed Property shall become the property of
the City.
12. Entire Agreement. This License constitutes the entire agreement between the parties as of the date hereof. Any provisions of prior licenses, agreements or documents which conflict in any manner with the provisions of this License are hereby specifically declared void and of no effect.
13. City's Right of Entry. The City of Lawrence, its officers and employees, shall be entitled to enter the Licensed Property at any time for all reasonable purposes, including, without limitation, inspection of the Licensees’ activities hereunder.
14. Licensing Fee. Licensees shall pay a one-time licensing fee of One Dollar ($1.00) per acre.
15. Right to Assign or Sublet. This license may not be assigned to any person or group, nor sublet in any part for any purpose without prior written consent from the City.
16. Amendments. Amendments and alterations to this license shall be in writing and to the below addresses via first class U.S. Mail.
To the City of Lawrence
City Manager
P.O. Box 708
Lawrence, KS 66044
(785) 834-3400
To the Licensees
Name: Adam Weigel
Address: 1128 Connecticut St, Lawrence, KS 66044
Cell Phone: (785) 424-5111
Email: adampatrickweigel@gmail.com
Name: Kathleen Hamilton
Address: 1319 Pennsylvania St., Lawrence, KS 66044
Cell Phone: (785) 760-7463
Email: Kathleen_hosteenez@hotmail.com
IN WITNESS WHEREOF, the parties hereto have caused this
License to be executed as of the date first set forth above.
The undersigned hereby agrees and consents to the terms and conditions of this License, and further states that s/he has authority to sign on behalf of the Licensees.
Signatures:
ON BEHALF OF THE LICENSEES:
Adam Weigel Kathleen Hamilton
ON BEHALF OF THE CITY OF LAWRENCE:
By: _______________________
David L. Corliss, City Manager
Exhibit A
Exhibit B
Maintenance Requirements & Rules and Regulations for Agricultural Use
To improve the premises, conserve its resources, and maintain it in a high state of cultivation pursuant to this License, the two parties agree to follow the Rules and Procedures Manual of the Common Ground Agriculture program is incorporated by reference as if fully set forth herein, and the following:
A. The LICENSEES will maintain the premises during the tenancy in as good condition as at the beginning, normal wear and depreciation.
B. The LICENSEES will spread straw or other crop residues on the premises, as appropriate.
C. The LICENSEES will use diligence to prevent noxious weeds from going to seed on the premises and will abide by the City of Lawrence weed code.
D. The LICENSEES will not, without written consent of OWNER, 1) erect or permit to be erected on the premises any non-removable structure or building; 2) incur any expense to the OWNER for such purposes; or 3) add electrical wiring, plumbing or heating to any buildings. If consent is given to undertake any of the items identified in this paragraph, LICENSEES will make such additions in compliance with all applicable laws. All alterations, additions, or improvements to the premises made by the Licensees shall become the property of the OWNER upon termination of the lease. The OWNER shall have the right to require the LICENSEES to remove all alterations, additions, or improvements at LICENSEES’S cost, upon termination of the license.
E. The LICENSEES will control soil erosion as completely as practicable and in the event of soil blowing; the LICENSEES shall take care to remediate blowing soil promptly at the LICENSEES'S expense. No stubble or crop residue is to be burned from the ground on the licensed property.
F. The LICENSEES will keep in good repair, terraces, open ditches, inlets and outlets of tile drains; preserve all established water courses or ditches including grass waterways when seeded by the OWNER, and refrain from any operations or practices that will incur them.
G. The LICENSEES will make all reasonable attempts to control odor on the premises, including best practices for composting and reuse of garden materials and upon receipt of complaint by the OWNER, will mitigate odors on the property.
H. Before any new conservation practices and measures are carried out, the parties will agree between themselves as to the nature and cost of such improvements.
I. The LICENSEES shall post contact information regarding the program and for the LICENSEES on the property.
J. The LICENSEES shall be responsible for any and all snow removal on City sidewalks adjacent to the property and shall keep the Licensed Property mowed and trimmed as to all licensed areas not under cultivation.
K. The LICENSEES shall comply with the noise code provisions of the City of Lawrence found at §14-413 to §14-416 of the Code of the City of Lawrence and any amendments thereto.
L. Camping shall not be permitted on the Licensed Property.
M. Weapons shall not be permitted on the Licensed Property.
N. The LICENSEES shall be responsible for any gardening or farming tools or implements on the Licensed Property and shall secure and store any personal property left on the Licensed Property.
O. The Licensed Property and the LICENSEES shall comply and make applicable to the Licensed Property the provisions of §16-601 et seq. of the Code of the City of Lawrence pertaining to fences. The Licensees may erect fences on the Licensed Property pursuant to the City of Lawrence code §16-601 et seq. and pursuant to an approved site plan. Any fences erected pursuant to this agreement shall become property of the City of Lawrence. Said fencing materials may be removed by the LICENSEES at the termination of the agreement.
Exhibit C
Common Ground Agriculture Program: Rules and Procedures
The following rules and procedures of the Common Ground program are meant to ensure safe and responsible operation of city-owned properties for urban agriculture and community gardens. Upon signing a License with the City of Lawrence, Licensees also agree to accept the following policies and procedures:
A. Water
Service: The City of Lawrence provides water service to all City
residents. A water meter is currently (or can be) installed on the property.
The selected grower for a licensed property will be expected to set up an
account with the City of Lawrence and pay for water usage. You will be charged
for irrigation only.
B. Drainage:
Water drainage (from rainfall or irrigation) must remain on site. Changes in
topography created by the removal or addition of soil must maintain all water
on site.
C. Erosion control: Licensees must control soil erosion as completely as possible. Licensees are encouraged to spread straw, mulch, or other crop residues to avoid soil erosion.
D. Hours of Operation: The properties may be accessed from dawn to dusk. If the assigned property is within a City of Lawrence Parks and Recreation property, park access hours must be adhered to.
E. Use
of Mechanical Equipment: No mechanical equipment may be operated outside
of the hours of 8 AM-8PM daily. Activities must comply with all existing City
noise ordinances.
F. Vehicular
Access: Throughout the entire term of the license (including development
phases), the potential impacts on the surrounding neighborhood must be
considered. The project must be designed and operated with satisfactory
consideration to traffic flow, parking, and pedestrian safety.
G. Noise:
Activities must comply with the noise code provisions of the City of Lawrence
and any amendments thereto.
H. Odor:
The Licensees should make all reasonable attempts to control odor on the
premises, including best practices for composting and reuse of garden
materials.
I. Weeds and Grass: Each site must be weeded regularly and weeds and grass may not be allowed to go to seed. The Licensees should abide by the City of Lawrence weed code. The Licensees should also adhere to all state and federal regulations regarding noxious and invasive weeds, and related quarantines.
J. Sheds: Permanent tool storage sheds may be appropriate for certain sites, but any proposed buildings will require prior written approval from the City of Lawrence.
K. Season-Extending
Structures: The design and location of season extending structures
(greenhouses, hoop houses, cold frames) are subject to approval by City of
Lawrence staff.
L. Fences: The Licensees may erect fences on the Licensed Property pursuant to the City of Lawrence code §16-601 et seq. Plans for fences should be approved by City staff.
M. Maintenance: If the site has a sidewalk adjacent to the property, the Licensees are responsible for any and all snow removal on City sidewalks (does not apply to Parks sites). Licensees shall also keep the Licensed Property mowed and trimmed as to all licensed areas not under cultivation. The property must be maintained in an aesthetically appealing and safe manner – free of graffiti and debris along the sidewalks and right-of-way.
N. Fires/cooking:
Licensees (or guests) may not start or maintain a
campfire, burn weeds, use a barbecue grill, or cook on the site.
O. Smoking:
Smoking is prohibited on the Common Ground sites, as cigarette tobacco can
transfer tobacco mosaic virus to tomato and pepper plants, and poses a fire
hazard.
P. Personal Property: The Licensees shall be responsible for any gardening or farming tools or implements on the Licensed Property and shall secure and store any personal property left on the Licensed Property.
- Subletting: Sites may be subleased to additional gardeners (as in a
Community Garden) or to additional farmers for production. The City
requests notification in such a case. However, the named Licensees are
the sole responsible party. Therefore, any violations incurred by a sublessee
will become the responsibility of the primary Licensees.
R. Pets:
Pets on the site must be on a leash per the City leash ordinance.
S. Chickens
and Ducks: Lawrence City Code (3-501) allows for the raising of fowl for
egg or meat production. The maximum total number of permitted fowl allowed to
be owned or kept on an individual lot is one animal per 500 square feet of lot
size, rounded down, but in no event will the total number of permitted fowl on
any lot exceed 20.
T. On-Site
Produce Sales: On-site sales of garden/farm produce are prohibited.
U. Accessibility: Common Ground sites must be accessible to people with all ability levels and meet the design requirements of the Americans with Disabilities Act (ADA). Although there are no formal ADA design guidelines for urban agriculture, best practices include: Establishing an accessible entrance, creating routes of sufficient width so that wheelchair users can navigate between garden components, building raised beds (at least 2 ft. high and 30 in. wide) for disabled access in at least some portion of the garden.
V. Use of Pesticides and Agricultural Chemicals: In 2005, the City of Lawrence Parks and Recreation Department developed an Integrated Pest Management Policy. Integrated Pest Management (IPM) is an ecological approach to pest management designed to prevent and control undesirable weeds, insects, fungi, and rodents. http://www.lawrenceks.org/lprd/parks/ipm
Common Ground Program sites must adhere to the IPM Policy of the Parks and Recreation Department. No pesticides or agricultural chemicals can be applied to Common Ground sites that do not appear on the Allowed Pesticide List found within the IPM Policy Manual at:http://www.lawrenceks.org/lprd/ipm/allowedpesticidelist10.pdf
Licensees will follow proper public notification if/when pesticides are utilized. The process for public notification can be found within the IPM Policy Manual at: http://www.lawrenceks.org/assets/lprd/parks/ipm/ipm.pdf
VIOLATION OF ANY OF THE ABOVE RULES MAY BE CAUSE FOR TERMINATION.
All City of Lawrence codes apply. To view all relevant City codes, and ordinances: http://www.lawrenceks.org/city_code/