Land Share Agreement (Draft)

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BOULEVARD GARDEN SHARE AGREEMENT

Municipality: Victoria, British Columbia

Lead Leaseholder: Curbside Community Farms Cooperative

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.

1. THE PARTIES

  • The Gardener: ________________________________________________

  • The Homeowner: ______________________________________________

  • The Cooperative: Curbside Community Farms Cooperative (“The Coop”)

2. SITE DESCRIPTION

// Agree on the location in question.

The garden is located on the boulevard space adjacent to [Insert Address].

This Agreement pertains to the following beds, otherwise referred to in totality as the Garden:

Number of beds for Homeowner use (private): _____

Number of beds for Gardener use (private): _____

Number of beds for commons use* (shared): _____

// We will specify the names of the gardeners who are authorized to access the homeowner’s property for water. 

// The concept of commons beds as outlined in this proposal agreement will be beds that are watered by those specifically authorized on this agreement but that are planted, harvested, and weeded by other participants, including possibly non-members or other people not listed in this agreement, and whose produce will be available for public consumption, including by passersby, and especially by food security organizations for distribution the needful.

*Commons Gardens: will be maintained as a shared responsibility, and their purpose is to provide food to anyone who wishes to use it; however, there will also be scheduled harvest times to provide food to other front-line food security relief organizations and programs.

A variety of individuals may care for the garden, though only those with express permission may enter the property of the adjacent homeowner to access water. All those with access to the homeowner’s water spout are listed below. The homeowner may, at their leisure, provide verbal permission to others to access their water, though it is recommended they contact Curbside to inform them of such arrangements and add additional names to an addendum to this agreement. Below are the names of those with express permission to access the homeowner’s water spigot:

3. MAINTENANCE & RESPONSIBILITIES

// Assure homeowners that gardens will be safe and not unsightly.

All parties agree that the garden must adhere to the City of Victoria Boulevard Gardening Guidelines, and that Curbside shall be responsible for ensuring this (see section X on maintenance).

  • Setbacks: Clearances must be maintained for sidewalks (0.3m), curbs (1.0m), and poles, fire hydrants, or other permanent structures (1.5m).

  • Visibility: Garden must not obstruct sightlines for drivers or pedestrians.

//

  • The Gardener: Responsible for all planting, weeding, and debris removal for the primary beds (and the Commons bed, if applicable).

  • The Homeowner: Agrees to provide reasonable access to the site and to an outdoor water source.

  • Requests [ ] or doesn’t request [ ] financial compensation for water use based on a maximum of 1 Municipal water unit per garden bed, per year.

  • General Standards: “Properly maintained” includes keeping plants within height limits, ensuring no overgrowth onto sidewalks, and regular removal of dead plant material.

  • The Cooperative: Should this Agreement be terminated for any reason (see 7. TERMINATION), the Coop agrees to remove all garden beds and garden-related materials from the premises and to make all reasonable effort to return the space to its original condition, including laying grass seed over any areas where grass has been disturbed. 

  • Maintenance Forfeiture: If a person managing a private bed, whether they be a Homeowner or a Gardener, fails to maintain the bed (weeds, overgrowth, safety hazards), the Coop will provide 14 days’ notice.

4. DISPUTE RESOLUTION

If a disagreement arises regarding aesthetics or maintenance:

  1. Informal Talk: Parties will first attempt to resolve it directly.

  2. Coop Mediation: If unresolved, the Coop will act as a neutral mediator. Either party may request Curbsidethe Coop begin its conflict resolution process; please see conflict resolution process in CurbsideCoop documents.

  3. Binding Decision: CurbsideThe Coop holds final authority on whether a bed is “properly maintained” or if a “forfeiture” of any garden bed has occurred.

  4. The Homeowner and Gardener reserve the right to withdraw from this agreement at any time (see 7. TERMINATION).

5. LIABILITY & MUNICIPAL ACCESS

  • Right to Dig: The City of Victoria and utility providers may access the boulevard at any time. If the garden is damaged or removed for utility work, no compensation is owed to the Gardener or Homeowner; however, efforts will be made by Curbsidethe Co-op to restore the garden as soon as possible.

  • Indemnification: The Gardener gardens at their own risk. The Coop maintains general liability insurance for approved garden activities. The Homeowner is not responsibleheld harmless for natural occurrences affecting the garden.

6. TERMINATION

Any party may terminate this agreement with 30 days’ written notice.

  • Homeowner: If the homeowner agrees to the statement that they “made every reasonable effort to maintain their commitment for the agreed upon term”, then they may offer notice.

  • The homeowner may reserve the right to purchase excess soil should another suitable location for it not be available.

  • Gardener: If the gardener decides that they no longer can, or want to maintain their garden, then they may offer the Cooperative notice of their departure. The gardener must separately dispense of their membership to the cooperative, pursuant to a separate agreement. If the gardener abandons their plot between March 1, and October 31, they may not recuperate their dues.

  • The Cooperative will be responsible for finding a new gardener, should the homeowner wish to continue the relationship with the Cooperative.

  • The Cooperative: If the Cooperative decides to abandon the land share agreement, they will provide written notice to the Homeowner and the Gardener, as well as maintain the responsibility to remove the garden beds and soil, and lay seed on the location.

Upon termination, the Gardener shall leave the boulevard in a clean, safe state (mulched or seeded) unless otherwise agreed.

SIGNATURES & ELECTION

Homeowner Third Bed Election (Initial one): [  ] Option A (Private Use) | [  ] Option B (Commons Garden)

Gardener: ____________________________________ Date: _______________

Homeowner: __________________________________ Date: _______________

Coop Rep: ____________________________________ Date: _______________