Common use of APPLICATION AGREEMENT Clause in Contracts

APPLICATION AGREEMENT. Any resident of the State of New Jersey may apply for a plot at the Berkeley Heights Community Garden (BHCG), located at the ▇▇▇▇▇▇▇-▇▇▇▇ Farmstead, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Community Garden Committee (Committee) consists of two (2) representatives from the Environmental Commission and one (1) Berkeley Heights resident. The Committee will include a minimum of three (3) members, with a maximum of eight (8) new members. Committee members should be active and in good standing. The undersigned applicants understand the purpose of the BHCG is to: • Provide a place for people of all ages to experience the rewards of gardening; • Promote organic farming methods and sustainable living; • ▇▇▇▇▇▇ community pride and unity; and • Encourage environmental stewardship and awareness. Each person wishing to participate in the BHCG shall be known as an “Applicant” or “Gardener”. By signing this Application Agreement, each of the below-listed Gardeners agree that in consideration of the Commission’s granting them the opportunity to participate in the BHCG, they shall accept and abide by the BHCG’s operating rules (Rules) included hereto as Attachment A throughout the term of their membership in the BHCG. For the avoidance of doubt, the Rules shall be incorporated into and be considered part of this Application Agreement. The Rules for the BHCG shall be unilaterally made, amended, and enforced by the Committee. This Application Agreement shall terminate and have no further force and effect on 11/1/2025. Those Gardeners wishing to participate in the BHCG during the immediately consecutive year shall complete and submit a new Application Agreement before the date first set forth above. The BHCG will consist of thirty (30) raised-bed plots (each, a Plot), each measuring 4 feet by 12 feet in size. Plot 30 is a restricted mobility raised bed. See attached Operating Rules for accommodations for this Plot. The BHCG will operate as an organic garden and will be surrounded by an 8 foot-high deer fence. If there are more Gardener applicants in a given year than there are Plots available that year, the Plots will be assigned via a lottery system. There is a limitation of one Plot per household, unless there are fewer Gardeners in a given year than there are Plots available. The Committee shall annually reserve one Plot, which a Committee- designated appointee shall maintain. The food proceeds from this plot shall be donated to one or more charities that the Committee approves. No Gardener may assign or transfer a Plot. If for any reason a Gardener can no longer participate in the BHCG, the Gardener shall notify the Committee as soon as possible. The Committee shall have sole discretion to determine whether to assign such Gardener’s Plot to another Applicant or current Gardener for the balance of the applicable year. The undersigned Gardener hereby recognizes and acknowledges that using the BHCG is a privilege. In consideration thereof, the undersigned Gardener and any guest, employee, contractor, or other person whom such Gardener grants permission to access or work in the BHCG hereby releases and forever discharges the Commission, the Township of Berkeley Heights, and each of their respective members, spouses, heirs, executors, legal representatives, agents, employees, representatives, and assigns (collectively, the BH Group) from all manner of legal actions, causes of actions, claims, and demands for damages, including, but not limited to, loss or injury to person or property arising out of or in connection with the BHCG. The undersigned Gardener further agrees to defend, indemnify, and hold harmless the BH Group from any and all claims, actions, liabilities, losses, damages, or lawsuits arising out of or in connection with the BHCG. The undersigned Gardener further agrees to pay all reasonable attorneys’ fees, costs, and expenses necessary that the BH Group incurs to enforce this Application Agreement.

APPLICATION AGREEMENT. Any resident of the State of New Jersey may apply for a plot at the Berkeley Heights Learning Community Garden (BHCGBHLCG), located at the ▇▇▇▇▇▇▇Littel-▇▇▇▇ Lord Farmstead, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Community Garden Committee (Committee) consists of two (2) representatives from the Environmental Commission and one (1) Berkeley Heights resident. The Committee will be expanded to include a minimum of three (3) new members, with a maximum of eight (8) new members. Committee members should be active , once applications for the 2018-19 year have been received and in good standingcandidates have been identified. The undersigned applicants understand the purpose of the BHCG BHLCG is to: • Provide a place for people of all ages to experience the rewards of gardening; • Promote organic farming methods and sustainable living; • ▇▇▇▇▇▇ community pride and unity; and • Encourage environmental stewardship and awareness. Each person wishing to participate in the BHCG BHLCG shall be known as an “Applicant” or “Gardener”. By signing this Application Agreement, each of the below-listed Gardeners agree that in consideration of the Commission’s granting them the opportunity to participate in the BHCGBHLCG, they shall accept and abide by the BHCGBHLCG’s operating rules (Rules) included hereto as Attachment A throughout the term of their membership in the BHCGBHLCG. For the avoidance of doubt, the Rules shall be incorporated into and be considered part of this Application Agreement. The Rules for the BHCG BHLCG shall be unilaterally made, amended, and enforced by the Committee. This Application Agreement shall terminate and have no further force and effect on 11/1/2025that date that is one (1) year from the date first set forth above. Those Gardeners wishing to participate in the BHCG BHLCG during the immediately consecutive year shall complete and submit a new Application Agreement before the date first set forth above. The BHCG BHLCG will consist of about thirty (30) raised-bed plots (each, a Plot), each measuring 4 feet by 12 feet in size. Plot 30 is a restricted mobility raised bed. See attached Operating Rules for accommodations for this Plot. The BHCG BHLCG will operate as an organic garden and will be surrounded by an a 7 to 8 foot-high deer fence. If there are more Gardener applicants in a given year than there are Plots available that year, the Plots will be assigned via a lottery system. There is a limitation of one Plot per household, unless there are fewer Gardeners in a given year than there are Plots available. The Committee shall annually reserve one Plot, which a Committee- Committee-designated appointee shall maintain. The , the food proceeds from this plot which shall be donated to one or more charities that of the Committee approvesCommittee’s choosing. No Gardener may assign or transfer a their Plot. If for any reason a Gardener can no longer participate in the BHCGBHLCG, the Gardener shall notify the Committee Commission as soon as possible. The Committee Commission shall have sole discretion to determine whether to assign such Gardener’s Plot to another Applicant or current Gardener for the balance of the applicable year. The undersigned Gardener hereby recognizes and acknowledges that using the BHCG BHLCG is a privilege. In consideration thereof, the undersigned Gardener and any guest, employee, contractor, or other person whom such Gardener grants permission to access or work in the BHCG BHLCG hereby releases and forever discharges the Commission, the Township of Berkeley Heights, and each of their respective members, spouses, heirs, executors, legal representatives, agents, . employees, representatives, and assigns (collectively, the BH Group) from all manner of legal actions, causes of actions, claims, and demands for damages, including, but not limited to, loss or injury to person or property arising out of or in connection with the BHCGBHLCG. The undersigned Gardener further agrees to defend, indemnify, and hold harmless the BH Group from any and all claims, actions, liabilities, losses, damages, or lawsuits arising out of or in connection with the BHCGBHLCG. The undersigned Gardener further agrees to pay all reasonable attorneys’ fees, costs, and expenses necessary that the BH Group incurs to enforce this Application Agreement.