3.0 HRSR 12-07-2015 - Laserfiche WebLink

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agencies who can demonstrate their financial viability and experience in owning land and operating and maintaining a community garden and who have a program and policies in place to ensure that the community garden will be open and available to community members. Community garden lot sales should have a favorable neighborhood recommendation and the approval of all adjoining property owners. ii. Density Guidelines In order to balance the need and opportunities for housing development and the desire for community gardens, the following Density Guidelines should be used to help CPED Staff make appropriate decisions on when to sell Buildable Lots for community gardens after a written offer to purchase has been received: A. Buildable Lots will not be sold for community garden use in those neighborhoods of the city where (i)there are no legal requirements prohibiting the sale of Development Property for purposes other than development; (ii) residential lot widths are predominantly fifty (50)feet or greater with a lot area greater than 6,000 square feet; or(iii)there is not a sufficient amount of Buildable Lots available for housing development. B. Buildable Lots should only be sold for community garden use in those neighborhoods of the city where (i)there are no legal requirements prohibiting the sale of Development Property for purposes other than development; (ii) residential lot widths are predominantly less than fifty(50) feet with a lot area less than 6,000 square feet; and (iii) there is a surplus of Buildable Lots available for housing development. iii. Sale Requirements Development Properties sold for community garden lots shall be sold: (i)for a Purchase Price equal to the Fair Market Value of the lot; (ii) "as is,"with no representations or warranties of any kind with regard to soil condition or quality; (iii)with an environmental liability disclaimer by the City; and (iv)with an environmental indemnification and hold harmless from the Purchaser to the City. The Purchaser shall be responsible, at their sole cost and expense, for any and all soil tests and other site investigations and due diligence necessary or customary in evaluating the purchase of the Development Property for a community garden lot. The Purchaser shall also be responsible, at their sole cost and expense, for any Soil Correction or soil improvement costs, utility installations, accessory buildings for tools, equipment and gardening supply storage, benches, seating and other similar fixtures, plant and garden materials, edging and garden plot foundations, and any other thing that is necessary or customary in the use, operation or maintenance of a community garden. The Purchaser shall, in the use of petroleum based products, fertilizers, pesticides and other chemicals on the Development Property, take all necessary and reasonable precautions to use and store such products and chemicals in the amounts and manner as permitted by law, ordinance or regulation. iv. Conservation Easement Upon conveyance of a Development Property to a Purchaser for a community garden lot, the Purchaser shall place a conservation easement, made pursuant to Minnesota Statutes Chapter 84C, on the Property in favor of the City, to preserve the Property as open space for community garden use only, and to prevent the construction of any improvements on the Development Property that are not approved by the City. The conservation easement shall bind the Purchaser, its Updated as of 10/6/04 20