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B. The design, construction and placement of the Garden shall not interfere with the drainage basin located on the Premises. In that regard, a twenty (20) foot buffer around the full perimeter of the basin must be left free of plantings. The maintenance of the Garden shall be in accordance with all applicable laws, regulations, ordinances and other requirements of state and local governmental authorities. Any change in the design and construction of the Garden or in the use of the Premises shall require the prior written approval of the City. C. Unity Gardens shall, at its expense, ensure that the placement and maintenance of the Garden located on the Premises does not interfere in any way with the City's use of the Premises, or endanger persons or property of the City. D. Unity Gardens, or its officers, employees, agents or members shall not bring (or allow to be brought), deliver, store, use or apply on the Premises any inorganic or synthetic organic chemicals, which chemicals include, but are not limited to, soil stabilizers, plant fertilizers, pesticides, herbicides, or any other product used for garden plantings. However, Unity Gardens or its officers, employees, contractors or members may use any natural organic - based additives for garden plantings; provided that Unity Gardens obtains prior written approval from the City. E. The term of this Agreement shall commence upon the execution of this Agreement and continue through October 31, 2012. This Agreement shall be renewable, at the option of Unity Gardens, for four (4) successive twelve (12) month periods (November 1 through October 31), subject to the City's right to terminate this Agreement, as provided herein. F. Unity Gardens shall provide to the City a letter of community support evidencing acceptance of the Garden by the community and the community's willingness to participate in the placement and maintenance of the Garden. G. Unity Gardens acknowledges and is aware that several rights of way have been vacated on the Premises and various utilities may still remain in the vacated rights of way. Unity Gardens also acknowledges that there are several manholes located on the Premises which may be covered by topsoil and not readily identifiable. Unity Gardens shall be responsible for taking necessary steps to locate all utilities, including utilities owned by third parties, on the Premises. Unity Gardens, or its officers, employees, agents or members shall assume all responsibility for avoiding damage to any utilities located on the Premises. 2. Soil Testing. This Agreement shall be subject to Unity Gardens' right to conduct soil testing, at its expense, on the Premises to determine the suitability of the Premises to support the Garden. Should Unity Garden determine that, as a result of such soil testing, that the Premises are unsuitable to support the Garden, Unity Gardens shall have the option to terminate this Agreement, upon written notice to the City, as provided hereinafter, without further obligation to the City. 3. Corrective Measures. If Unity Gardens fails to take any corrective measures requested by the City in a timely manner, or if an emergency situation is presented which, in the -2-