Common use of Shade Structures Clause in Contracts

Shade Structures. The garden is located in a floodplain; therefore permanent structures are not allowed. Shade structures are intended to be simple structures where gardeners can take a rest and seek shelter from the weather. Shade structures may be constructed or purchased, but must use materials that are in good condition and must be kept in good repair. In addition, the following criteria also apply to shade structures: - Cannot exceed 7’h X 5’w X 5’d. - Must be open on three sides. - Must be placed so that it does not cast shade on neighboring plots. - A picnic table with collapsible umbrella is permitted. Pop up tents are allowed only when you are on site. They must be packed and stored when you are not in your garden. - Garden furniture is permitted (wood, plastic, metal); upholstered furniture, or any other furniture intended for indoor use, is not. - Under no circumstances can cement be used. Tool storage: it is anticipated that gardeners will want to store tools or other gardening items safely on site. - Vertical storage units may not exceed 6’h x 4.5’w x 3’d. - Horizontal storage units may not exceed 6’l x 3’h x 3’d. - Whichever form of storage is selected, it should be secure, made of durable materials in good condition, and kept in good repair. Shade structure, tool storage, and furniture may collectively take up no more than a quarter of the plot. Fencing: The RCD must be able to see into your garden to conduct plot inspections. Wire mesh fencing has been installed around each plot. This fencing must be retained, not replaced with alternative fencing, and the height may not be modified. However, gardeners may reinforce the fence to keep pests out in the following ways: - Adding a garden gate to fully enclose the plot. Garden gates can be made of wire material of a similar nature to the fencing material and must be kept in good repair. Pallet gates are not permitted. - Adding hardware cloth or similar fencing to the bottom 2 feet of the fence to exclude certain rodents. - Each plot will be assigned a number. Gardeners are responsible for posting their plot number on their fence or gate. Gardeners are responsible for repairing or replacing their own fencing with an equivalent wire material when needed. The use of concrete to install fencing is not permitted. Irrigation: A water spigot is provided to each full plot for irrigation (a spigot is shared between two half plots). Gardeners must take care not to damage these parts and will be responsible for either repairing their own hose bib / piping, or for paying a fee to cover parts (depending on damage) to have repair done for them. Gardeners agree to share water spigots with neighboring plots. Restricting or preventing water access to neighboring garden plots can result in lease termination. Water use: • Water will be supplied to the garden between 4:00am and 8:00pm. • The water bill will be shared equally among garden plots and included in annual rent payment. • Water conservation will help to keep water costs down. It is recommended that members utilize low-flow irrigation systems either operated manually or on a timer. Unattended watering (other than on a timer), flood irrigation, and use of water for any other purposes besides on-site garden irrigation are not allowed. • Participants are responsible for adhering to all City, County, and State drought restrictions. Chemical-free Growing Practices: No chemical pesticides, herbicides, fungicides, or fertilizers may be used on site unless they carry the OMRI (Organic Materials Research Institute) logo. • Poison / chemical pesticides may not be used to combat garden pests like gophers or ground squirrels. These have harmful effects on other wildlife and are not permitted at any time. Children & Pets: Children are welcome in the garden but must be under supervision at all times. Pets must be under supervision and kept on leash (maximum 6 feet) at all times. Pet waste must be properly disposed of off- site or in on-site dumpster. Smoking: Smoking is not permitted on County Park Grounds or within the Community Garden, including the parking area. Gardener meetings and work days: The garden is a community space and gardeners are required to contribute four hours of volunteer service annually towards its upkeep. Gardeners are required to attend at least one community gardener meeting AND one community clean-up event each year. The RCD will alert gardeners to meeting dates and times through email, mail, and garden bulletin boards. Participation will be documented on sign-in sheets, and tracked by the RCD. Failure to attend at least one of each event may affect eligibility for lease renewal in the next contract year. Lease renewal: This lease agreement must be renewed annually, on July 1. Cancellations of agreement renewal after thirty (30) days are non-refundable. Terminating your Use Agreement: If you move away or decide that you no longer wish to tend to your plot please inform the RCD. Upon termination and/or conclusion of this Agreement, you must clear your plot of all material including plants, trees, tools, shade structures, and storage units. We charge a $100 refundable deposit when you join the garden, which will be used to cover the costs of cleaning your plot if it is not left in an acceptable condition as described above. The following are not allowed in the garden at any time and could result in immediate lease termination: • Consumption of alcoholic beverages • Consumption of cannabis or illegal drugs • Fighting • Excessive noise or loud music • Profanity, rudeness, or other overtly hostile actions toward other gardeners or neighbors. • Open fires (for burning vegetation, cooking, or for warmth) • Dumping or abandonment of waste and trash A garden plot rental may also be terminated for: • Failure to actively maintain the garden plot • Transferring the plot to another grower • Any illegal activities • Any other behavior that is in violation of the Terms of Use Agreement or is determined to be harmful to the Sweetwater Community Garden The RCD Reserves the right to terminate this agreement for any violation of these Terms of Use. The RCD and the County of San Diego reserves the right to enter and inspect garden plots at any time. Pictures: From time to time, RCD staff and partners will take pictures at the garden. I agree to allow any image taken of me or my dependents to be used in published materials and web sites that promote the Sweetwater Community Garden or other programs of the Resource Conservation District of Greater San Diego County unless I submit a written request to opt out. GENERAL AGREEMENT, WAIVER, AND RELEASE: I hereby waive, release, and discharge any and all claims for damages for personal injury, death, or property damage which I may have or which may hereafter accrue as a result of my participation in the Sweetwater Community Garden (SCG). This release is intended to discharge, in advance, the Resource Conservation District of Greater San Diego County and the County of San Diego, its officers, employees and agents from and against any and all liability arising out of or connected in any way with my participation in said activity, even though that liability may arise out of negligence or carelessness on the part of the RCD. Knowing the risks involved, nevertheless, I have voluntarily applied to participate in the SCG and any related events / activities, and I hereby agree to assume any and all risks of injury or death and to release and hold harmless the RCD and its representatives who through negligence, carelessness, or any other act or omission might otherwise be liable to me. I further understand and agree that this waiver, release, and assumption of risks are to be binding on my heirs and assigns.

Shade Structures. The garden is located in a floodplain; therefore permanent structures are not allowed. Shade structures are intended to be simple structures where gardeners can take a rest and seek shelter from the weather. Shade structures may be constructed or purchased, but must use materials that are in good condition and must be kept in good repair. In addition, the following criteria also apply to shade structures: - Cannot exceed 7’h 8’h X 5’w X 5’d. - Must be open on three sides. - Must be placed so that it does not cast shade on neighboring plots. - A picnic table with collapsible umbrella is permitted. Pop , but pop-up tents are allowed only when you are on site. They must be packed and stored when you are not in your gardennot. - Garden furniture is permitted (wood, plastic, metal); upholstered furniture, or any other furniture intended for indoor use, is not. - Under no circumstances can cement be used. Tool storage: it is anticipated that gardeners will want to store tools or other gardening items safely on site. - Vertical storage units may not exceed 6’h x 4.5’w x 3’d. - Horizontal storage units may not exceed 6’l x 3’h x 3’d. - Whichever form of storage is selected, it should be secure, made of durable materials in good condition, and kept in good repair. Shade structure, tool storage, and furniture may collectively take up no more than a quarter of the plot. Fencing: The RCD must be able to see into your garden to conduct plot inspections. Wire mesh fencing has been installed around each plot. This fencing must be retained, not replaced with alternative fencing, and the height may not be modified. However, gardeners may reinforce the fence to keep pests out in the following ways: - Adding a garden gate to fully enclose the plot. Garden gates can be made of wire material of a similar nature to the fencing material and must be kept in good repair. Pallet gates are not permitted. - Adding hardware cloth or similar fencing to the bottom 2 feet of the fence to exclude certain rodents. - Each plot will be assigned a number. Gardeners are responsible for posting their plot number on their fence or gate. Gardeners are responsible for repairing or replacing their own fencing with an equivalent wire material when needed. The use of concrete to install fencing is not permitted. Irrigation: A water spigot is provided to each full plot for irrigation (a spigot is shared between two half plots). Gardeners must take care not to damage these parts and will be responsible for either repairing their own hose bib / piping, or for paying a fee to cover parts (depending on damage) to have repair done for them. Gardeners agree to share water spigots with neighboring plots. Restricting or preventing water access to neighboring garden plots can result in lease termination. Water use: • Water will be supplied to the garden between 4:00am and 8:00pm. • The water bill will be shared equally among garden plots and included in annual rent payment. • Water conservation will help to keep water costs down. It is recommended that members utilize low-flow irrigation systems either operated manually or on a timer. Unattended watering (other than on a timer), flood irrigation, and use of water for any other purposes besides on-site garden irrigation are not allowed. • Participants are responsible for adhering to all City, County, and State drought restrictions. Chemical-free Growing Practices: No chemical pesticides, herbicides, fungicides, or fertilizers may be used on site unless they carry the OMRI (Organic Materials Research Institute) logo. • Poison / chemical pesticides may not be used to combat garden pests like gophers or ground squirrels. These have harmful effects on other wildlife and are not permitted at any time. Children & Pets: Children are welcome in the garden but must be under supervision at all times. Pets must be under supervision and kept on leash (maximum 6 feet) at all times. Pet waste must be properly disposed of off- site or in on-site dumpster. Smoking: Smoking is not permitted on County Park Grounds or within the Community Garden, including the parking area. Gardener meetings and work days: The garden is a community space and gardeners are required to contribute four hours of volunteer service annually towards its upkeep. Gardeners are required to attend at least one community gardener meeting AND one community clean-up event each year. The RCD will alert gardeners to meeting dates and times through email, mail, and garden bulletin boards. Participation will be documented on sign-in sheets, and tracked by the RCD. Failure to attend at least one of each event may affect eligibility for lease renewal in the next contract year. Lease renewal: This lease agreement must be renewed annually, on July 1. Cancellations of agreement renewal after thirty (30) days are non-refundable. Terminating your Use Agreement: If you move away or decide that you no longer wish to tend to your plot please inform the RCD. Upon termination and/or conclusion of this Agreement, you must clear your plot of all material including plants, trees, tools, shade structures, and storage units. We charge a $100 refundable deposit when you join the garden, which will be used to cover the costs of cleaning your plot if it is not left in an acceptable condition as described above. The following are not allowed in the garden at any time and could result in immediate lease termination: • Consumption of alcoholic beverages • Consumption of cannabis or illegal drugs • Fighting • Excessive noise or loud music • Profanity, rudeness, or other overtly hostile actions toward other gardeners or neighbors. • Open fires (for burning vegetation, cooking, or for warmth) • Dumping or abandonment of waste and trash A garden plot rental may also be terminated for: • Failure to actively maintain the garden plot • Transferring the plot to another grower • Any illegal activities • Any other behavior that is in violation of the Terms of Use Agreement or is determined to be harmful to the Sweetwater Community Garden The RCD Reserves the right to terminate this agreement for any violation of these Terms of Use. The RCD and the County of San Diego reserves the right to enter and inspect garden plots at any time. Pictures: From time to time, RCD staff and partners will take pictures at the garden. I agree to allow any image taken of me or my dependents to be used in published materials and web sites that promote the Sweetwater Community Garden or other programs of the Resource Conservation District of Greater San Diego County unless I submit a written request to opt out. GENERAL AGREEMENT, WAIVER, AND RELEASE: I hereby waive, release, and discharge any and all claims for damages for personal injury, death, or property damage which I may have or which may hereafter accrue as a result of my participation in the Sweetwater Community Garden (SCG). This release is intended to discharge, in advance, the Resource Conservation District of Greater San Diego County and the County of San Diego, its officers, employees and agents from and against any and all liability arising out of or connected in any way with my participation in said activity, even though that liability may arise out of negligence or carelessness on the part of the RCD. Knowing the risks involved, nevertheless, I have voluntarily applied to participate in the SCG and any related events / activities, and I hereby agree to assume any and all risks of injury or death and to release and hold harmless the RCD and its representatives who through negligence, carelessness, or any other act or omission might otherwise be liable to me. I further understand and agree that this waiver, release, and assumption of risks are to be binding on my heirs and assigns.

Shade Structures. The garden is located in a floodplain; therefore permanent structures are not allowed. Shade structures are intended to be simple structures where gardeners can take a rest and seek shelter from the weather. Shade structures may be constructed or purchased, but must use materials that are in good condition and must be kept in good repair. In addition, the following criteria also apply to shade structures: - Cannot exceed 7’h X 5’w X 5’d. - Must be open on three sides. - Must be placed so that it does not cast shade on neighboring plots. - A picnic table with collapsible umbrella is permitted. Pop up tents are allowed only when you are on site. They must be packed and stored when you are not in your garden. - Garden furniture is permitted (wood, plastic, metal); upholstered furniture, or any other furniture intended for indoor use, is not. - Under no circumstances can cement be used. Tool storage: it is anticipated that gardeners will want to store tools or other gardening items safely on site. - Vertical storage units may not exceed 6’h x 4.5’w x 3’d. - Horizontal storage units may not exceed 6’l x 3’h x 3’d. - Whichever form of storage is selected, it should be secure, made of durable materials in good condition, and kept in good repair. Shade structure, tool storage, and furniture may collectively take up no more than a quarter of the plot. Fencing: The RCD must be able to see into your garden to conduct plot inspections. Wire mesh fencing has been installed around each plot. This fencing must be retained, not replaced with alternative fencing, and the height may not be modified. However, gardeners may reinforce the fence to keep pests out in the following ways: - Adding a garden gate to fully enclose the plot. Garden gates can be made of wire material of a similar nature to the fencing material and must be kept in good repair. Pallet gates are not permitted. - Adding hardware cloth or similar fencing to the bottom 2 feet of the fence to exclude certain rodents. - Each plot will be assigned a number. Gardeners are responsible for posting their plot number on their fence or gate. Gardeners are responsible for repairing or replacing their own fencing with an equivalent wire material when needed. The use of concrete to install fencing is not permitted. Irrigation: A water spigot is provided to each full plot for irrigation (a spigot is shared between two half plots). Gardeners must take care not to damage these parts and will be responsible for either repairing their own hose bib / piping, or for paying a fee to cover parts (depending on damage) to have repair done for them. Gardeners agree to share water spigots with neighboring plots. Restricting or preventing water access to neighboring garden plots can result in lease termination. Water use: •  Water will be supplied to the garden between 4:00am and 8:00pm. •  The water bill will be shared equally among garden plots and included in annual rent payment. •  Water conservation will help to keep water costs down. It is recommended that members utilize low-flow irrigation systems either operated manually or on a timer. Unattended watering (other than on a timer), flood irrigation, and use of water for any other purposes besides on-site garden irrigation are not allowed. •  Participants are responsible for adhering to all City, County, and State drought restrictions. Chemical-free Growing Practices: No chemical pesticides, herbicides, fungicides, or fertilizers may be used on site unless they carry the OMRI (Organic Materials Research Institute) logo. •  Poison / chemical pesticides may not be used to combat garden pests like gophers or ground squirrels. These have harmful effects on other wildlife and are not permitted at any time. Children & Pets: Children are welcome in the garden but must be under supervision at all times. Pets must be under supervision and kept on leash (maximum 6 feet) at all times. Pet waste must be properly disposed of off- site or in on-site dumpster. Smoking: Smoking is not permitted on County Park Grounds or within the Community Garden, including the parking area. Gardener meetings and work days: The garden is a community space and gardeners are required to contribute four hours of volunteer service annually towards its upkeep. Gardeners are required to attend at least one community gardener meeting AND one community clean-up event each year. The RCD will alert gardeners to meeting dates and times through email, mail, and garden bulletin boards. Participation will be documented on sign-in sheets, and tracked by the RCD. Failure to attend at least one of each event may affect eligibility for lease renewal in the next contract year. Lease renewal: This lease agreement must be renewed annually, on July 1. Cancellations of agreement renewal after thirty (30) days are non-refundable. Terminating your Use Agreement: If you move away or decide that you no longer wish to tend to your plot please inform the RCD. Upon termination and/or conclusion of this Agreement, you must clear your plot of all material including plants, trees, tools, shade structures, and storage units. We charge a $100 refundable deposit when you join the garden, which will be used to cover the costs of cleaning your plot if it is not left in an acceptable condition as described above. The following are not allowed in the garden at any time and could result in immediate lease termination: •  Consumption of alcoholic beverages •  Consumption of cannabis or illegal drugs •  Fighting •  Excessive noise or loud music •  Profanity, rudeness, or other overtly hostile actions toward other gardeners or neighbors. •  Open fires (for burning vegetation, cooking, or for warmth) •  Dumping or abandonment of waste and trash A garden plot rental may also be terminated for: •  Failure to actively maintain the garden plot •  Transferring the plot to another grower •  Any illegal activities •  Any other behavior that is in violation of the Terms of Use Agreement or is determined to be harmful to the Sweetwater Community Garden The RCD Reserves the right to terminate this agreement for any violation of these Terms of Use. The RCD and the County of San Diego reserves the right to enter and inspect garden plots at any time. Pictures: From time to time, RCD staff and partners will take pictures at the garden. I agree to allow any image taken of me or my dependents to be used in published materials and web sites that promote the Sweetwater Community Garden or other programs of the Resource Conservation District of Greater San Diego County unless I submit a written request to opt out. GENERAL AGREEMENT, WAIVER, AND RELEASE: I hereby waive, release, and discharge any and all claims for damages for personal injury, death, or property damage which I may have or which may hereafter accrue as a result of my participation in the Sweetwater Community Garden (SCG). This release is intended to discharge, in advance, the Resource Conservation District of Greater San Diego County and the County of San Diego, its officers, employees and agents from and against any and all liability arising out of or connected in any way with my participation in said activity, even though that liability may arise out of negligence or carelessness on the part of the RCD. Knowing the risks involved, nevertheless, I have voluntarily applied to participate in the SCG and any related events / activities, and I hereby agree to assume any and all risks of injury or death and to release and hold harmless the RCD and its representatives who through negligence, carelessness, or any other act or omission might otherwise be liable to me. I further understand and agree that this waiver, release, and assumption of risks are to be binding on my heirs and assigns.

Shade Structures. The garden is located in a floodplain; therefore permanent structures are not allowed. Shade structures are intended to be simple structures where gardeners can take a rest and seek shelter from the weather. Shade structures may be constructed or purchased, but must use materials that are in good condition and must be kept in good repair. In addition, the following criteria also apply to shade structures: - Cannot exceed 7’h X 5’w X 5’d. - Must be open on three sides. - Must be placed so that it does not cast shade on neighboring plots. - A picnic table with a collapsible umbrella is permitted. Pop up tents are allowed only when you are on site. They must be packed and stored when you are not in your garden. - Garden furniture is permitted (wood, plastic, metal); upholstered furniture, or any other furniture intended for indoor use, is not. - Under no circumstances can cement be used. Tool storage: it is anticipated that gardeners will want to store tools or other gardening items safely on site. - Vertical storage units may not exceed 6’h 7’h x 4.5’w x 3’d. - Horizontal storage units may not exceed 6’l x 3’h x 3’d. - Whichever form of storage is selected, it should be secure, made of durable materials in good condition, and kept in good repair. Shade structure, tool storage, and furniture may collectively take up no more than a quarter of the plot. Fencing: The RCD must be able to see into your garden to conduct plot inspections. Wire mesh fencing has been installed around each plot. This fencing must be retained, not replaced with alternative fencing, and the height may not be modified. However, gardeners may reinforce the fence to keep pests out in the following ways: - Adding a garden gate to fully enclose the plot. Garden gates can be made of wire material of a similar nature to the fencing material and must be kept in good repair. Pallet gates are not permitted. - Adding hardware cloth or similar fencing to the bottom 2 feet of the fence to exclude certain rodents. - Each plot will be assigned a number. Gardeners are responsible for posting their plot number on their fence or gate. Gardeners are responsible for repairing or replacing their own fencing with an equivalent wire material when needed. The use of concrete to install fencing is not permitted. Irrigation: A water spigot is provided to each full plot for irrigation (a spigot is shared between two half plots). Gardeners must take care not to damage these parts and will be responsible for either repairing their own hose bib / piping, or for paying a fee to cover parts (depending on damage) to have repair done for them. Gardeners agree to share water spigots with neighboring plots. Restricting or preventing water access to neighboring garden plots can result in lease termination. Water use: • Water will be supplied to the garden between 4:00am and 8:00pm. • The water bill will be shared equally among garden plots and included in annual rent payment. • Water conservation will help to keep water costs down. It is recommended that members utilize low-flow irrigation systems either operated manually or on a timer. Unattended watering (other than on a timer), flood irrigation, high pressure sprinklers, and use of water for any other purposes besides on-site garden irrigation are not allowed. • Participants are responsible for adhering to all City, County, and State drought restrictions. Chemical-free Growing Practices: No chemical pesticides, herbicides, fungicides, or fertilizers may be used on site unless they carry the OMRI (Organic Materials Research Institute) logo. • Poison / chemical pesticides may not be used to combat garden pests like gophers or ground squirrels. These have harmful effects on other wildlife and are not permitted at any time. Children & Pets: Children are welcome in the garden but must be under supervision at all times. Pets must be under supervision and kept on leash (maximum 6 feet) at all times. Pet waste must be properly disposed of off- site or in on-site dumpster. Smoking: Smoking is not permitted on County Park Grounds or within the Community Garden, including the parking area. Gardener meetings and work days: The garden is a community space and gardeners are required to contribute four hours of volunteer service annually towards its upkeep. Gardeners are required to attend at least one community gardener meeting AND one community clean-up event each year. The RCD will alert gardeners to meeting dates and times through email, mail, and garden bulletin boards. Participation will be documented on sign-in sheets, and tracked by the RCD. Failure to attend at least one of each event may affect eligibility for lease renewal in the next contract year. Lease renewal: This lease agreement must be renewed annually, on July 1. Cancellations of agreement renewal after thirty (30) days are non-refundable. Terminating your Use Agreement: If you move away or decide that you no longer wish to tend to your plot please inform the RCD. Upon termination and/or conclusion of this Agreement, you must clear your plot of all material including plants, trees, tools, shade structures, and storage units. We charge a $100 refundable deposit when you join the garden, which will be used to cover the costs of cleaning your plot if it is not left in an acceptable condition as described above. The following are not allowed in the garden at any time and could result in immediate lease termination: • Consumption of alcoholic beverages • Consumption of cannabis or illegal drugs • Fighting • Excessive noise or loud music • Profanity, rudeness, or other overtly hostile actions toward other gardeners or neighbors. • Open fires (for burning vegetation, cooking, or for warmth) • Dumping or abandonment of green waste and trash A garden plot rental may also be terminated for: • Failure to actively maintain the garden plot • Transferring the plot to another grower • Any illegal activities • Any other behavior that is in violation of the Terms of Use Agreement or is determined to be harmful to the Sweetwater Community Garden The RCD Reserves the right to terminate this agreement for any violation of these Terms of Use. The RCD and the County of San Diego reserves the right to enter and inspect garden plots at any time. Pictures: From time to time, RCD staff and partners will take pictures at the garden. I agree to allow any image taken of me or my dependents to be used in published materials and web sites that promote the Sweetwater Community Garden or other programs of the Resource Conservation District of Greater San Diego County unless I submit a written request to opt out. GENERAL AGREEMENT, WAIVER, AND RELEASE: I hereby waive, release, and discharge any and all claims for damages for personal injury, death, or property damage which I may have or which may hereafter accrue as a result of my participation in the Sweetwater Community Garden (SCG). This release is intended to discharge, in advance, the Resource Conservation District of Greater San Diego County and the County of San Diego, its officers, employees and agents from and against any and all liability arising out of or connected in any way with my participation in said activity, even though that liability may arise out of negligence or carelessness on the part of the RCD. Knowing the risks involved, nevertheless, I have voluntarily applied to participate in the SCG and any related events / activities, and I hereby agree to assume any and all risks of injury or death and to release and hold harmless the RCD and its representatives who through negligence, carelessness, or any other act or omission might otherwise be liable to me. I further understand and agree that this waiver, release, and assumption of risks are to be binding on my heirs and assigns.

Shade Structures. The garden is located in a floodplain; therefore permanent structures are not allowed. Shade structures are intended to be simple structures where gardeners can take a rest and seek shelter from the weather. Shade structures may be constructed or purchased, but must use materials that are in good condition and must be kept in good repair. In addition, the following criteria also apply to shade structures: - Cannot exceed 7’h X 5’w X 5’d. - Must be open on three sides. - Must be placed so that it does not cast shade on neighboring plots. - A picnic table with a collapsible umbrella is permitted. Pop up tents are allowed only when you are on site. They must be packed and stored when you are not in your garden. - Garden furniture is permitted (wood, plastic, metal); upholstered furniture, or any other furniture intended for indoor use, is not. - Under no circumstances can cement be used. Tool storage: it is anticipated that gardeners will want to store tools or other gardening items safely on site. - Vertical storage units may not exceed 6’h 7’h x 4.5’w x 3’d. - Horizontal storage units may not exceed 6’l x 3’h x 3’d. - Whichever form of storage is selected, it should be secure, made of durable materials in good condition, and kept in good repair. Shade structure, tool storage, and furniture may collectively take up no more than a quarter of the plot. Fencing: The RCD must be able to see into your garden to conduct plot inspections. Wire mesh fencing has been installed around each plot. This fencing must be retained, not replaced with alternative fencing, and the height may not be modified. However, gardeners may reinforce the fence to keep pests out in the following ways: - Adding a garden gate to fully enclose the plot. Garden gates can be made of wire material of a similar nature to the fencing material and must be kept in good repair. Pallet gates are not permitted. - Adding hardware cloth or similar fencing to the bottom 2 feet of the fence to exclude certain rodents. - Each plot will be assigned a number. Gardeners are responsible for posting their plot number on their fence or gate. Gardeners are responsible for repairing or replacing their own fencing with an equivalent wire material when needed. The use of concrete to install fencing is not permitted. Irrigation: A water spigot is provided to each full plot for irrigation (a spigot is shared between two half plots). Gardeners must take care not to damage these parts and will be responsible for either repairing their own hose bib / piping, bib/piping or for paying a fee to cover parts of $25 (depending on damage) to have repair done for them. Gardeners agree to share water spigots with neighboring plots. Restricting or preventing water access to neighboring garden plots can result in lease termination. Water use: • Water will be supplied to the garden between 4:00am and 8:00pm. • The water bill will be shared equally among garden plots and included in annual rent payment. • Water conservation will help to keep water costs down. It is recommended that members utilize low-flow irrigation systems either operated manually or on a timer. Unattended watering (other than on a timer), flood irrigation, high pressure sprinklers, and use of water for any other purposes besides on-site garden irrigation are not allowed. • Participants are responsible for adhering to all City, County, and State drought restrictions. Chemical-free Growing Practices: No chemical pesticides, herbicides, fungicides, or fertilizers may be used on site unless they carry the OMRI (Organic Materials Research Institute) logo. • Poison / chemical pesticides may not be used to combat garden pests like gophers or ground squirrels. These have harmful effects on other wildlife and are not permitted at any time. Children & Pets: Children are welcome in the garden but must be under supervision at all times. Pets must be under supervision and kept on leash (maximum 6 feet) at all times. Pet waste must be properly disposed of off- site or in on-site dumpster. Smoking: Smoking is not permitted on County Park Grounds or within the Community Garden, including the parking area. Gardener meetings and work days: The garden is a community space and gardeners are required to contribute four hours of volunteer service annually towards its upkeep. Gardeners are required to attend at least one community gardener meeting AND one community clean-up event each year. The RCD will alert gardeners to meeting dates and times through email, mail, and garden bulletin boards. Participation will be documented on sign-in sheets, sheets and tracked by the RCD. Failure to attend at least one of each event may affect eligibility for lease renewal in the next contract year. Lease renewal: This lease agreement must be renewed annually, on July 1. Cancellations of agreement renewal after thirty (30) days are non-refundable. Terminating your Use Agreement: If you move away or decide that you no longer wish to tend to your plot please inform the RCD. Upon termination and/or conclusion of this Agreement, you must clear your plot of all material including plants, trees, tools, shade structures, and storage units. We charge a $100 refundable deposit when you join the garden, which will be used to cover the costs of cleaning your plot if it is not left in an acceptable condition as described above. The following are not allowed in the garden at any time and could result in immediate lease termination: • Consumption of alcoholic beverages • Consumption of cannabis or illegal drugs • Fighting • Excessive noise or loud music • Profanity, rudeness, or other overtly hostile actions toward other gardeners or neighbors. • Open fires (for burning vegetation, cooking, or for warmth) • Dumping or abandonment of waste and trash A garden plot rental may also be terminated for: • Failure to actively maintain the garden plot • Transferring the plot to another grower • Any illegal activities • Any other behavior that is in violation of the Terms of Use Agreement or is determined to be harmful to the Sweetwater Community Garden The RCD Reserves the right to terminate this agreement for any violation of these Terms of Use. The RCD and the County of San Diego reserves the right to enter and inspect garden plots at any time. Pictures: From time to time, RCD staff and partners will take pictures at the garden. I agree to allow any image taken of me or my dependents to be used in published materials and web sites that promote the Sweetwater Community Garden or other programs of the Resource Conservation District of Greater San Diego County unless I submit a written request to opt out. GENERAL AGREEMENT, WAIVER, AND RELEASE: I hereby waive, release, and discharge any and all claims for damages for personal injury, death, or property damage which I may have or which may hereafter accrue as a result of my participation in the Sweetwater Community Garden (SCG). This release is intended to discharge, in advance, the Resource Conservation District of Greater San Diego County and the County of San Diego, its officers, employees and agents from and against any and all liability arising out of or connected in any way with my participation in said activity, even though that liability may arise out of negligence or carelessness on the part of the RCD. Knowing the risks involved, nevertheless, I have voluntarily applied to participate in the SCG and any related events / activities, and I hereby agree to assume any and all risks of injury or death and to release and hold harmless the RCD and its representatives who through negligence, carelessness, or any other act or omission might otherwise be liable to me. I further understand and agree that this waiver, release, and assumption of risks are to be binding on my heirs and assigns.