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HomeMy WebLinkAbout2018-616-E DEAPR - John Bannon grass lease agreementPasture Lease Agreement This lease made in duplicate the 30th day of July, 2018 BETWEEN Orange County, a political subdivision of the State of North Carolina, C/O Orange County Department of Environment, Agriculture, Parks and Recreation, PO Box 8181, Hillsborough NC 27278 in the county of Orange, North Carolina, hereinafter called the “Landlord”, being the registered owner or the purchaser under and agreement for sale of land described below. -and- John Bannon of, 1822 Bushy Cook Road, Efland, NC 27243, hereinafter called the “Tenant.” 1. Property: Witness that in consideration of the rents, covenants, promises and agreements contained in this lease on the part of the Tenant to be paid, observed and performed, the landlord does hereby lease to the Tenant the following farm lands and premises in the County of Orange that is to say: Hay Fields at Blackwood Farm Park as identified on the attached map (Attachment A). Access to the fields shall be upon the approval of the Landlord, and application of any soil amendments or grass harvesting shall occur with the prior approval of Landlord as to timing in concurrence with the public access of the park and any park events that may be scheduled. 2. Term: The Lease shall continue in force on the said land and premises for and during the term of months from the 1st day of August, 2018 until the 31st day of July, 2019. Any overholding by the Tenant shall be considered a trespass. 3. Rental: a) The Tenant will pay the Landlord the yearly cash rental or $1 during the term of the agreement for the use of the said land during the agreement. b) Rental fee is to be paid as follows: DocuSign Envelope ID: E17E20F5-2B3C-4A9E-BFC3-A31F3B842452 In exchange for no rental fee other than $1, Tenant is responsible for cost, purchase and application of lime, fertilizer and other needed soil amendments for the production of hay/grass as agreed on the areas shown in Attachment A. 4. The terms “Landlord” and Tenant” shall include heirs, executors, administrators, successors and assigns in the singular or plural number and the feminine or masculine gender when the context of the parties so require and all the covenants shall be construed as being joint and several. 5. The Tenant shall not, without the consent of the landlord in writing, authorize or permit the said land to be used for pasturing of livestock, and any consent so given shall expire on the last day of the calendar during which it is given unless the contrary is expressed herein. 6. The Tenant shall not cause or permit the said land or any part to be grazed in such a manner to the extent as to impair the normal reproduction of the vegetation thereon. 7. The Tenant has no rights to sand, gravel, or clay and (s)he has no rights whatsoever to valuable stone or other such substances existing or under the surface of the said land. 8. The Tenant will not change the natural course of any waterways on the said land or cut down trees growing upon the land nor will (s)he permit any other person to do so, without written consent of the landlord. 9. The Tenant has no hunting rights on the said land nor will (s)he permit any other person to hunt on the land, without written consent of the landlord. 10. The Landlord or a representative of the Landlord has the rights at all reasonable times to attend and inspect the said property. The Landlord reserves the right of entry and exit over and upon the land in this agreement to use any land and buildings expressly excluded from this agreement. The Parties agree that the fields are located within the boundaries of an Orange County public park, and any activity on the land by the Tenant must be approved in advance by the Landlord due to the public access of the park. 11. If either party shall fail in any respect to carry out any of the provisions of this lease agreement, the other may have the same done and the cost shall be paid by the party failing to carry out the said provisions. 12. Improvements and Seeding: The Tenant shall not make major improvements other than what is considered normal repair and maintenance, to the leased land or any other asset identified in this agreement, without written permission of the landlord. Major improvements, which without restricting the generality of the term shall include: water development, erosion control, fencing and building construction, clearing, breaking, and seeding to pasture and hay land. Such consent shall be attached to and form part of the lease agreement. Division of the costs of any DocuSign Envelope ID: E17E20F5-2B3C-4A9E-BFC3-A31F3B842452 improvement shall be mutually determined and agreed upon by the Landlord and Tenant as follows: Tenant is responsible for the appropriate application of lime and fertilizer for the production of hay/grass on the designated fields of the park as shown in Attachment A. 13. Repair of Buildings, Fences and Improvements: Responsibility for normal maintenance and repair to buildings, fences, water supply and improvements shall be the responsibility of the Landlord; except that responsibility for any damage done by Tenant’s equipment operated by Tenant or his/her employees or operators to fences or other features of the property will be the responsibility of the Tenant. Tenants Responsibility (list items): Repairs required as the result of damage caused by Tenant and his/her employees or equipment operators. 14. Subletting: The Tenant shall not sublet, or assign this lease or any part thereof, or any interest therein without obtaining the written consent of the landlord to the sublease or assignment. 15. Renewal: The term of this lease may be extended by mutual agreement between the Landlord and Tenant for a further period upon the same terms and conditions as contained herein, except as otherwise agreed in writing by the parties executing a renewal statement. 16. Default in Payments: When the Tenant does not make a payment to the rental in accordance with the terms and conditions of this lease agreement – or – the Tenant fails to provide for the soil treatments needed for hay/grass production as outlined above, the Landlord may again repossess and enjoy the said land as if this agreement had not been executed. When the rent payable is in arrears, the landlord or a person authorized in writing by the Landlord may enter upon the rented land and seize any goods, chattels, and crop whether standing or harvested for the rent and any amount in arrears and may sell the same. The Landlord may use any other means under the law of recovering any rent payable under this agreement. 17. Utilities, Roads, and Right-of-ways: In the event that a new installation such as a road, power line, pipeline or railway is erected upon the said land, the landlord shall renegotiate the terms of this agreement by mutual agreement. If the mutual agreement can not be obtained it shall be submitted to arbitration. The Arbitrator shall make a decision(s) within three weeks from the date of his appointment. 18. Notices. All notices to be given under this lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth DocuSign Envelope ID: E17E20F5-2B3C-4A9E-BFC3-A31F3B842452 herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) days subsequent to mailing. 19. Entire Agreement. This lease contains the entire agreement of the parties and there are not representations, inducements or other provisions other than those expressed in writing. All changes, additions, or deletions hereto must be in writing and sighed by the parties. Any provision of this lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this lease. The waiver by Landlord of any breach by the Tenant of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach thereof. 20. Exoneration from Liability. The Landlord shall not be liable for any personal injury to the Tenant or to its officers, agents and employees, or to any other occupant of any part of the Leased Premises, irrespective of how such injury or damage may be caused, whether from action of the elements or acts of negligence of the occupants of adjacent properties, or any other persons; provided that nothing contained herein shall relieve the Landlord of the consequences of his own negligence. The Tenant agrees to defend, indemnify and hold harmless the Landlord from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Tenant’s lease, use, sublease, or occupation of the facility and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Tenant except to the extent same are caused by the negligence or willful misconduct of the Landlord. It is the intent of this provision to require the Tenant to indemnify the Landlord to the fullest extent permitted under North Carolina law. 21. Termination: The Landlord and Tenant may mutually agree, in writing, to terminate this lease in any time. I, John Bannon, do hereby accept this lease of the above described land to be held by me as Tenant, and subject to the terms and conditions, restrictions, and covenants above set forth. Agreed by: _________________________________________ _____________ (Signature of Landlord) (Date) _________________________________________ _____________ (Signature of Tenant) (Date) DocuSign Envelope ID: E17E20F5-2B3C-4A9E-BFC3-A31F3B842452