Model Farm Land Lease Agreement
"This model farm lease agreement is provided to land owners to assist them in dealing with their environmental responsibility on land which they lease for the purpose of potato production. It was prepared by the PEI Potato Producers Association and The PEI Department of Agriculture and Forestry. There may be circumstances which require changes to this document. It is recommended that the Lessor and Lessee consult their respective lawyers prior to signing this document."
This Indenture made in duplicate the day of , 20
In pursuance of the enactments respecting short forms of indentures. Between
hereinafter called the "Lessor" OF THE FIRST PART and
hereinafter called the "Lessee" OF THE SECOND PART Witnesseth that in consideration of the rents, covenants, promises and agreements hereinafter contained on the part of the Lessee to be paid, observed and performed, the Lessor hereby demises and leases unto the Lessee, subject as hereinafter set forth, all that parcel or tract of land, hereinafter to be known as the "leased crop land", which said "leased crop land" are described as: All That parcel and tract of land situate and being in Lot or Township No. County, Province of Prince Edward Island Community Location(s): Leased Crop Land Acreage: To Have And Hold the said "leased crop land" for and during the term of from the day of , 20 ; to the day of , 20 . years Property Number(s): , in
Yielding And Paying therefor yearly and every year during the said term unto the said Lessor the sum of $ of lawful money of Canada, without any deduction, defalcation or abatement whatsoever to be paid either: for each year of this agreement, or (a) In full on or before (b) In a portion consisting of the balance paid on or before (1/2, 1/3, etc.) on or before for each year of this agreement, or , with
(c) As per following instructions :
Required Management Practices: General requirements: ! The lessee will ensure that all requirements of the P.E.I. Pesticide Control Act, R.S.P.E.I. 1988, Cap. P-4; the P.E.I. Environmental Protection Act, R.S.P.E.I. 1988, Cap. E-9; and the Fisheries Act, R.S.C., 1985, C.F-14 and the regulations thereto for each act are adhered to on the “leased crop land”. ! If manure is applied to the “leased crop land”, the recommended management practices outlined in the Guidelines for Manure Management for Prince Edward Island will be adhered to with respect to field piling, spreading and odour control. ! The lessee will not store any pesticides or commercial fertilizers on the “leased crop land”. ! The lessee will keep written records of all pesticide applications on the “leased crop land”. ! No trees will be cut on the “leased crop land” without consent of the lessor. ! The lessee will maintain a liability insurance policy during the term of this lease. It shall have a minimum limit of One Million ($1,000,000.00) Dollars, inclusive of Bodily Injury and Property Damage, and be broad enough to protect the lessee, as a Named Insured, and the lessor, as an additional insured, from real or alleged claims for negligence arising out of the product and sale or disposal thereof and out of the maintenance or use of or operations on the “leased crop land”. ! The lessee shall indemnify the lessor against any and all claims caused by or arising out of the product and sale or disposal thereof or out of the maintenance or use of or operation on the “leased crop land”. ! The lessee will not sublet the “leased crop land” without written consent from the lessor. ! The lessee will allow the lessor access to the “leased crop land” at any time to view its state and condition ! This lease may be terminated upon providing 16 months written notice to the other party. Soil conservation management: ! The “leased crop land” will be included in an Environmental Farm Plan completed by either: ( select 1) the lessee ___ or the lessor ___. ! Soil conservation management practices will be related to topography on the “leased crop land”. ! An acceptable soil conservation management plan will be developed for the “leased crop
land” by a soil and water conservation specialist with the PEI Department of Agriculture and Forestry in consultation with the lessor and the lessee.
! The lessee will strictly adhere to all conditions of the soil conservation management plan developed for the “leased crop land”. If watercourses exist on the “leased crop land” the lessee shall abide by the provincial buffer zone legislation and ensure that: ! A minimum 10 meter buffer zone will be left adjacent to all watercourses and designated wetlands. If the buffer zone is not treed, forage crops are the only permitted agricultural crop that can be established and harvested in the buffer zone. The forage crop can be re-established in the buffer zone once every 5 years using spring tillage and a underseeded cereal. The forage crop will not be re-established in a year that the up slope field is in row crop production. ! If the slope on the 50 meters immediately up slope of the 10 meter buffer zone is greater than 5% indicate which one of the following two options will be selected by placing an (x) in the appropriate space: ____Option 1: The width of the buffer zone will be increased to 20 meters. ____Option 2: The 50 meter area will become a conservation zone. Fall tillage will not be performed on any area within the conservation zone that has slopes greater than 5 % slope. A winter cover will be established on any area within the conservation zone that has slopes greater than 5 %. The winter cover will be either a well established cover crop or a mulch applied at a minimum rate of 1.5 tons/acre. ! Where potatoes are grown up and down the slope, headlands at the lower ends of fields that are within 200 meters of a watercourse or designated wetland will not be tilled. Individual rows will drain onto a grassed headland. If the buffer zone is in grass it can be used as the headland. ! Grassed headlands will not be clipped shorter than 15 cm. If gullies that handle concentrated runoff exist on the “leased crop land” the lessee shall ensure that: ! Tillage will not be performed in these gullies. An adequate width of permanent grass will be left in the centre of the gullies to handle concentrated runoff. ! Management will be provided to ensure that individual potato rows can drain directly into grassed gullies or waterways.
!
Grass in natural gullies or waterways will not be clipped shorter than 15 cm.
The lessee will abide by the following nutrient management requirements on the “leased crop land”: ! Nutrients and lime will be applied based on crop requirements and soil test results. Credits will be used for legume plow down and for the application of manure. ! Legumes will be plowed or killed with glyphosate as late as possible in the fall or alternatively in the spring to minimize the possibility of nitrates leaching to ground water.
The lessee will abide by the following additional tillage requirements on the “leased crop land”: ! Fields that have received a fall application of glyphosate will not be moldboard plowed. Residue management will be practiced on these fields. ! Tillage will not be performed on harvested potato land unless a cover crop is being drilled in. ! When strip cropped fields are in alternating strips of potatoes and forages, the forage strips will be spring plowed or residue managed.
This Indenture shall be interpreted according to the Laws of Prince Edward Island. In Witness Whereof the said parties hereto have set their hands and seals the day and year first above
written.
Signed, Sealed And Delivered
In the presence of
__________________________________ Witness for the Lessor __________________________________ Witness for the Lessee
_______________________________ Signature of the Lessor _______________________________ Signature of the Lessee
Definitions: Topography - The slope lengths and grades of a property or field Watercourse - The full length and width, including the sediment bank and shore, of any stream, spring, creek, brook, river, lake, pond, bay, or coastal estuary. Landlocked ponds and the perimeter coastline are excluded from this definition. Anything that exhibits flow for any 72 hour continuous period between July 01 and October 31 or if it has a defined stream bed and bank is considered a watercourse. Buffer zone - A strip of land area adjacent to a watercourse boundary. Forage crop - A perennial stand of either grasses or a grass/legume mixture. Under seeded cereal - A method of establishing a forage crop whereby the forage seeds are planted at the same time as a cereal crop and the cereal crop is used as a nurse crop. Headland - The area at the end of the field used for turning equipment. Glyphosate - A nonselective herbicide that goes by the tradename “Roundup” or “Touchdown”. Moldboard plowing - A form of primary tillage. Schedule A: This space can be used to provide a full description of the property