Old Dominion University
ER-T2-2: Organic Garden

Community Garden: Tenant Agreement: Environmental Contamination-- (a) The Tenant shall not engage in or allow any activity on the Premises involving: (i) the handling of any toxic or hazardous substances, (ii) the discharge of toxic or hazardous substances to the air, soil, surface water or groundwater, (iii) the storage, treatment or disposal of any toxic or hazardous substances (for purposes of this Sublease, "hazardous substance(s)" shall have the meaning of "hazardous substance" set forth in 42 U.S.C. Section 9601(14), as amended, and of "regulated substance" at 42 U.S.C. Section 6991(2), as amended), or (iv) any other substances which may be the subject of liability pursuant to any environmental law of the United States or the Commonwealth of Virginia. (b) The Tenant shall indemnify and hold harmless the Landlord from any and all claims, suits, judgments, damages, fines, penalties, liability, costs and expenses (including reasonable fees for costs and expenses for any required attorneys, consultants and experts) resulting or arising from the discovery of any toxic or hazardous substance on, in or arising from, or contamination of, the Premises which is a result of any activity of the Tenant, its agents, employees, contractors or repairmen. (c) Given the Garden’s immediate proximity to a section of the Elizabeth River’s riparian wetlands, the Tenant will insure that it and its gardeners do not throw or cause any materials of any kind to be thrown into the river or associated wetlands. (d) Only products carrying an Organic Materials Review Institute (OMRI) label shall be used. (e) Naturally occurring products such as these listed below are approved fertilizers and pesticides. a. Natural fertilizers i. Kelp meal ii. Cottonseed meal iii. Fish emulsion b. Mineral based fertilizers i. Limestone ii. Gypsum c. Soil amendments i. Compost ii. Sand iii. Peat moss iv. Perlite d. Natural pest control i. Hot pepper spray ii. Japanese beetle traps iii. Soaps, soap flakes, liquid soaps iv. Small bars of perfumed soaps tied to stakes will keep rabbits away v. Canola oil vi. Beneficial insects (ladybugs, praying mantis) vii. Hot pepper viii. Baking soda ix. Milk