AGREEMENT FORM

      This Agreement for a Monarch-Friendly Garden (“the Agreement”) is made by and between the A.L. Clinton Operating Foundation (“the Foundation”) and the above named homeowner (“the Homeowner”), collectively referred to as the Parties, to provide butterfly-friendly nectar and host plants to the Homeowner, with installation, if the Homeowner desires, on the Homeowner’s property located at the above address (“the Property”).

RECITALS

      The Foundation is a 501(c)(3) non-profit organization incorporated in the State of Delaware and registered with the State of California Department of Justice Registry of Charities and Fundraisers.

      The Foundation has established a program referred to as the Monarch Butterfly Garden Project (“the Project”) to support the recovery of the Western Monarch Butterfly population. The Project will provide plants, materials, and supplies and, if desired, installation, to create butterfly-friendly gardens at no charge to homeowners. The present geographical scope of the Project is private property located on, adjacent to, or in the immediate vicinity of the rim of the Los Peñasquitos Canyon Preserve, located in San Diego, San Diego County, California. The Foundation desires to install butterfly-friendly plants on the Property.

      The Homeowner’s property is located within the geographical scope of the Project. The Homeowner desires that the Foundation provide, and if desired, install, butterfly-friendly plants on the Property in accordance with the Project at no charge to the Homeowner.

AGREEMENT

      In consideration of the above recitals, the Parties agree as follows:

      1. The Foundation will provide plants, materials and supplies for a butterfly-friendly garden to be installed on the Property, either by Homeowner or the Foundation. The usual installation will consist of 6-8 nectar plants (native species and/or drought resistant where feasible) and 6-8 host plants (narrow-leaf milkweed, on which the Western Monarch Butterfly lays its eggs). If the Homeowner desires a larger installation, Homeowner shall inform the Project’s landscape service in order to obtain prior approval from the Foundation.

      2. Upon execution of this Agreement, the Foundation will provide Homeowner’s contact information to a landscaping service. The landscaping service will be licensed and insured for both liability and worker’s compensation claims. The landscaping service will contact the Homeowner to arrange an appointment to design the installation of the butterfly-friendly garden. The plants may be installed either in one location or throughout the Property as designed by the Homeowner and the landscaping service.

      3. If Homeowner desires installation by the Foundation, Homeowner will allow the landscaping service and its employees reasonable access to the Property to install and inspect the plants. The landscaping service will return at least once for an inspection to see that the plants are healthy and growing. The landscaping service may provide small signs to identify the plans and a small sign facing the street in front of the Property indicating that there is a Monarch Butterfly garden on the Property

      4. Upon providing the plants or upon completion of the installation of the garden, the Foundation will compensate the landscaping service. The Homeowner has no obligation to compensate either the landscaping service or the Foundation in connection with providing the plants or the installation of the garden.

      5. In consideration of the Foundation paying for the plants and installation of the butterfly-friendly garden, Homeowner waives any and all liability of the Foundation to the Homeowner and the Homeowner’s family members, guests, licensees, and admittees in connection with the installation of the garden. The Homeowner agrees to protect, defend, and indemnify Foundation for all claims, demands and damages arising from this Agreement and in connection with the installation of the garden.

      6. This Agreement constitutes the sole and complete agreement of the Parties and can only be modified by a further written and duly executed agreement.

      7. This Agreement shall be binding on the Parties, their heirs and assigns, agents and employees, delegates and attorneys.

      8. The Parties waive their rights to a trial by jury or a court trial. In the event of any disagreement between the Parties, the matter shall be submitted first to mediation. If the matter is not resolved by mediation, it shall then be submitted to binding arbitration under the rules of the American Arbitration Association. The Parties shall be responsible only for their own respective attorneys fees, costs, and expenses of mediation, arbitration, and court litigation.

      9. This Agreement may be canceled by the Foundation or by the Homeowner at any time for any reason; however, paragraphs 5, 6, 7, 8, and 9 shall survive the cancellation.