Agreement For Use of Garden Plot
THIS IS AN AGREEMENT made as of the date set forth below by and between Imperial Tower Condominium Association (the “Association”) and the undersigned Imperial Towers resident (the “Gardener”).
1. The Association has designated an area at the North end of the Association’s deck (the “Garden”) for gardening by its residents, and has divided that Garden into 4 feet x 4 feet plots each of which is bordered by wood dividers and has been assigned a Plot identification number (“Plots”).
2. Gardener wishes to have use of one of those Plots, subject to the terms of this Agreement, and Association is willing to grant Gardener use of one of those Plots, subject to the terms of this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Association and Gardener agree as follows:
3. Fees: Use of Plot: In consideration of Gardener’s non-refundable payment to the Association of a one-time Plot fee of $150 and an annual Garden Membership dues of $20.00 and maintenance fee of $25, Association hereby grants Gardener a license (and not a lease) for exclusive use of the Plot listed below from March 1 through October 30, subject to the terms and conditions of this Agreement; provided, however, that the Association may access, inspect and test the Plot and all plants growing in such Plot at any time and without prior notice to the Gardener.
4. Rules: Gardener unconditionally agrees to comply with all posted instructions in the Garden, the Garden Rules attached hereto as Exhibit A, and any additions or amendments to such Garden Rules sent to Gardener. Gardener understands and agrees that if Gardener fails to cure any violation of such posted instructions, Garden Rules or this Agreement within seven days after notice to Gardener of such violation, the Association may impose a fine and/or terminate this Agreement.
5. Association Access: The Association retains the right to access and inspect the Plot at any time without prior notice to the Gardener.
6. Assumption of Risk: GARDENER ACKNOWLEDGES AND AGREES: (i) THAT THE GARDEN IS LOCATED IN AN AREA THAT IS NOT SURVEILLED OR SUPERVISED BY THE ASSOCIATION; (ii) THAT GARDENER WILL BE ENTERING AND USING THE GARDEN AT GARDENER’S OWN RISK, AND (iii) THAT GARDENER ASSUMES FULL RESPONSIBILITY FOR ANY DAMAGE OR LOSS TO GARDENER OR GARDENER’S PROPERTY, AND FOR ANY PERSONAL INJURIES TO GARDENER, THAT MAY OCCUR IN OR ABOUT THE GARDEN OR MAY RESULT FROM GARDENER’S ENTRY INTO OR USE OF THE GARDEN.
7. Release: Gardener, for Gardener and Gardener's heirs, personal representatives and family members (the "Releasing Parties") hereby releases, remises and forever discharges the Association, and its and their past, present and future officers, directors, agents, employees, representatives and unit owners (collectively, the "Released Parties") of and from all actions, causes and causes of action, suits, debts, sums of money, accounts, reckonings, controversies, damages, judgments, claims, counterclaims, demands, liabilities and obligations whatsoever, known or unknown, direct or indirect, liquidated or contingent, at law or in equity, that the "Releasing Parties" or any of them now have, ever had or hereafter can, shall or may have against the Released Parties for or by reason of any matter, cause or thing whatsoever occurring, arising out of, related to or in connection with the Garden and this Agreement.
8. Indemnification: Guarantor agrees to indemnify, defend and hold harmless the Released Parties against and from any and all loss, cost, damage and expense (including but not limited to attorneys’ fee) arising out of, relating to, in connection with, or occasioned by, any claim made against any of the Released Parties in any way arising out of or relating to this Agreement, Gardener’s activities in the Garden, or Gardener’s use of the Plot.