§ 42-03 Licenses.
RCNY § 42-03
(a)HPD will issue a License if the proposed Licensee and Garden meet the Registration criteria established by GreenThumb. HPD may renew such License if the Licensee complies with the terms and conditions set forth therein and continues to meet the Registration criteria established by GreenThumb. If the Licensee has not complied with the terms of or fails to renew the License, or fails to meet the Registration criteria established by GreenThumb, abandons the Garden, or if an Uncured Default has occurred, HPD may offer a License for the Garden to a new Gardening Group.
(b)Licenses will set forth terms and conditions under which the Licensee will design and install a plant garden on a Lot and will thereafter maintain such Garden and all plants and conforming structures contained therein (including, but not limited to, all raised plant beds, planters, tables, benches, and other ornamental items) in a safe and orderly condition. HPD, in consultation with GreenThumb, may permit other uses of the Lot that are compatible with gardening and are authorized pursuant to the License.
(c)Any license agreement from the City to any party performing work on the Lot or development work on an adjacent property that affects the Lot shall require the licensee to return the Garden to a condition similar to that which existed prior to commencement of said work.
(d)The License will provide that (i) the Licensee accepts the Lot "as is," in whatever condition it may be on the date the License is fully executed, (ii) the City makes no representation or warranty of fitness of the Lot for gardening purposes, (iii) the Licensee must meet GreenThumb's Registration and License requirements; (iv) the Licensee must comply with all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, and (v) the Licensee must comply with such other requirements as GreenThumb or HPD may establish.
(e)The City will retain title to the Lot and the Licensee will not have any leasehold or other interest in the land comprising such Lot, any improvement thereon, or any equipment provided by GreenThumb.
