AGREEMENT BETWEEN FARMSTART AND..

Transcription

1 AGREEMENT BETWEEN FARMSTART AND.. This agreement is entered into between FarmStart Incorporated, hereinafter designated FarmStart and existing under the laws of the Province of Ontario, and hereinafter designated Lessee on this day The purpose of this agreement is for the provision of land at the McVean Farm to the Lessor for vegetable production. 1. Period of Agreement: This agreement shall be valid for the growing season of 2015, which extends approximately from May to November 15 th, of the given year, depending on prevalent weather condition. Both parties agree to meet at the end of the season and upon mutual consent renew this agreement for a further one growing season. 2. Responsibilities of FarmStart A. Provide to the Lessee the use of land of 1000 square feet (20 feet by 50 feet), hereinafter designated as Allotment Plot, at McVean Farm, McVean Drive, Brampton, Ontario for a rental rate of $225 plus 13% HST for the 2015 growing season. B. Provide access to water to the Lessee for the 2015 growing season. C. Make reasonable efforts to provide the land at the start of the 2015 growing season (May) in proper condition for growing crops. D. Maintain the portion of the site around the allotment plot not used by the lessee.

2 3. Responsibilities of the Lessee A. Maintain the allotment plot in good condition, free of trash and debris and other hazard that might affect the neighboring plots. B. Use only organic (chemical free) inputs, which include plant materials, seeds, and compost and pest controls. C. Obtain approval from the farm manager/coordinator before purchase of any inputs or before making any structural changes to the allotment plot. D. Obtain prior approval from FarmStart for any one other than the lessor to enter the farm and access the allotment plot. E. Pay the rental amount of $225 plus 13% HST upon signing this agreement. This amount is non refundable. F. Upon the end of this agreement return the allotment plot to its original condition that includes: - Remove any raised beds made by the Lessee - Remove stakes and ropes - Remove any fencing materials and other structures - Remove any other materials at the direction of FarmStart 4. Terms of the Agreement Payment of Rental Fess: The rental fees are to be paid in full and final settlement upon signing of this agreement. Insurance: The lessee shall indemnify and hold FarmStart, its board and its employees harmless from any claim by any person, for any loss, injury or damage resulting from any activity set out in this agreement or any act of omissions by FarmStart or its employees. Amendment: This agreement may be modified or amended if the amendment is made in writing and signed by both the parties. Termination: This agreement shall be terminated immediately if the conditions of the contract are not met and the party in error is given at least 30 days to remediate any infractions. Applicable Law: This agreement shall be governed by the laws of the Province of Ontario

3 AGREED to this the First day of May, 2015 FARMSTART INCORPORATED BY: FarmStart Program Manager COMMUNITY PLOT BY: Community Plot Lessee

4 GENERAL GUIDELINES 1. This is not a community garden but an allotment plot. This means that FarmStart will provide only land and water and no other formal support. 2. Water will be provided in a barrel that will be shared between two plots. 3. If plots are neglected or not maintained it will be plowed under after due notice has been given to the plot owner. 4. Tilling and working the plot with equipment during the season is the responsibility of the plot owner. 5. The main entrance gate to the farm must be kept closed at all times. 6. All inputs, i.e. seeds and compost must be purchased only after FarmStart has approved the material. 7. The plot should be cleaned of all stakes, netting, row covers and other material at the end of the season. 8. Fees are to be paid upon signing of the agreement and are non refundable.

5 Indemnification This agreement is made and entered into this the 1st day of April, 2015 by and between the FarmStart, organized and existing under the laws of Canada and the Province of Ontario, Indemnitee, and..., Indemnitor. WHEREAS, the FarmStart owns certain farm equipment; and WHEREAS, the FarmStart rents said equipment to Indemnitor; and WHEREAS, as additional consideration for said lease and sublease, Indemnitor has agreed to indemnify and hold harmless Indemnitee(s) in connection with Indemnitor s use, possession and operation of the leased equipment. NOW THEREFORE, the parties hereto agree as follows: Indemnitor assumes liability for, and shall indemnify, and hold harmless Indemnitee(s), its (their) agents, employees, officers, directors, successors and assigns from and against, any and all liabilities, obligations, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses, including reasonable attorney s fees, of whatsoever kind and nature, arising out of the use, condition (including but not limited to, latent and other defects), operation, possession, selection, delivery, leasing or return of the leased equipment regardless of where, how and by whom operated, or any failure on the part of indemnities and assumptions of liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of the lease or sublease. Indemnitor is and independent contractor and nothing herein shall authorize Indemnitor or any other person to operate any item of equipment to incur or impose any liability or obligation for or on behalf of Indemnitee(s). DATED at Brampton, this the. Day of.., INDEMNITEE: FARMSTART BY: FarmStart Program Manager INDEMNITOR: FARM