Last revised 2026-02-20

LAND SHARE AGREEMENT (DRAFT)

This Agreement is made on this ______ day of ________, 2026, between the following parties to establish a collaborative food garden on the municipal boulevard adjacent to the Homeowner’s property. This Agreement shall be valid from the time of signing through the 31st of October, 2026 (“the Season”).

1. THE PARTIES

i) The Gardener (name): ________________________________________________
ii) The Homeowner (name): ________________________________________________
iii) Curbside Community Farms Cooperative (“Curbside”)

2. SITE DESCRIPTION

This Agreement pertains to the raised garden beds and their contents (in totality, “the Garden”) which are to be established on the boulevard immediately in front of the Homeowner’s property (“the Boulevard”) in the municipality of Victoria, British Columbia.

Address of property abutting the Boulevard: ________________________________________________

3. BOULEVARD ACCESS

The Homeowner agrees to provide the Curbside staff and Gardener with reasonable access to the Boulevard for the purpose of establishing a garden.

4. WATER ACCESS

The Homeowner agrees to provide Curbside staff and the Gardener with reasonable access to an outdoor water source (e.g., spigot or hose) to be used exclusively for the cultivation of plants in the Garden, subject to the following terms.

4.1 Hours of access

The Gardener may access the spigot or hose between the hours of ____________ and ____________.

4.2 Purpose of access

The Gardener may only access the spigot or hose for the purpose of watering the Garden.

4.3 Notification of access

The Homeowner may request that the Gardener notify them no less than 30 minutes before they wish to access the spigot or hose in a fashion agreed upon by both of them, e.g., text message, until the Homeowner communicates that notifications are no longer needed.

  • Notifications requested by Homeowner

4.4 Respect of property

The Gardener agrees to treat the Homeowner’s property with respect and understands that any access to land inside the Homeowner’s property line that may be granted them by this Agreement for the purpose of accessing a spigot or hose is limited to that purpose exclusively and does not entitle them to loiter, wander, or otherwise intrude on the Homeowner’s private property.

5. HOMEOWNER COMPENSATION

In compensation for the use of their boulevard and of their water, the Homeowner is entitled to attend all workshops and public events held by Curbside throughout the Season free of charge.

5.1 Reimbursement

In addition to workshop and event access, the Homeowner may request that they be reimbursed for water in an amount equivalent to 1 Municipal Water Unit for each raised bed that is established on the Boulevard at any time during the season, to be paid no later than the last day of the Season.

  • Reimbursement requested by Homeowner

6. MAINTENANCE & RESPONSIBILITIES

6.1 City of Victoria Boulevard Gardening Guidelines

All parties agree that the Gardener, in collaboration with Curbside, shall establish and maintain the Garden in accordance with the City of Victoria’s Boulevard Gardening Guidelines, including with respect to the following points.

  • Setbacks: clearances must be maintained between the Garden and sidewalks (0.3m), curbs (1.0m), and poles, fire hydrants, or other permanent structures (1.5m).
  • Visibility: The Garden must not obstruct sightlines for drivers or pedestrians.
  • Tidiness The Garden must not overflow onto sidewalks or otherwise and dead or unsightly plant material must not be allowed to accumulate.

7. DISPUTE RESOLUTION

If a disagreement arises between the Gardener and the Homeowner regarding any subject pertaining to this Agreement, the Garden, or the maintenance thereof, all parties agree to undertake the following dispute resolution process.

  1. Informal Talk: The Homeowner and Gardener will attempt to resolve the issue directly.
  2. Co-op Mediation: If unresolved, board member(s) of Curbside will act as a neutral mediator. Either party may request that Curbside begin its conflict resolution process as outlined in Curbside’s Conflict Resolution Process document.
  3. Binding Decision: Curbside holds final authority on whether a bed is “properly maintained” or if a “forfeiture” of any garden bed has occurred.

8. TERMINATION

8.1 Termination rights

Any of the three parties may terminate this Agreement at any time, for any reason, provided that all reasonable efforts were made by the terminating party to maintain the agreement, and that written notice is issued according to the following terms.

8.1.1 Homeowner or Gardener terminates

Terminations initiated by the Homeowner or Gardener shall take effect 30 days after the date on which written notice of the termination was provided to Curbside. Upon receipt of such notice, Curbside shall be responsible for notifying the other party immediately.

8.1.2 Curbside terminates

Terminations initiated by Curbside shall take effect 30 days after the date on which written notice was provided to both the Homeowner and the Gardener.

8.2 Removal of the Garden

Upon the termination of this Agreement, whether by expiry at the end of the Season or due to termination by one of the parties, Curbside agrees to remove the Garden and related materials no later than 2 months following the date of termination, and to return the Boulevard to its original condition, within reason, including laying grass seed over areas where grass has been disturbed, unless explicit consent to the contrary has been issued by the Homeowner. 

9. LIABILITY & MUNICIPAL ACCESS

9.1 Garden damage from municipal access

All parties agree that, in the unlikely event that the City of Victoria or associated utility providers damage or remove any part of the Garden in the course of their work, no compensation shall be owed to the Gardener or the Homeowner, and Curbside agrees to help restore the garden as soon as possible.

9.2 Garden damage from natural causes

All parties agree that, in the event of damage to the Garden due to natural causes such as deer, squirrels, pests, mildew, disease, excessive rain, wind, or any other causes similarly outside of reasonable control, no compensation shall be owed to the Gardener or the Homeowner.

SIGNATURES

Gardener signature: ____________________________________________________ Date: ______________________

Homeowner signature: _________________________________________________ Date: ______________________

Curbside board member signature: ____________________________________ Date: ______________________