Fill and Sign the Agreement to Lease Subject to Certain Conditions Precedent Form

1 Farmers Market Lease Agreement This Agreement (the Agreement) is made effective as of the _______________ (date), between __________________ (Name of Lessor) a _________________ (Name of State), a non-profit corporation organized and existing under the laws of the state of ______________, with its principal office located at __________________________________________________ _________________________ (street address, Lessor, state, zip code) , referred to herein as Lessor , and ___________________ (Name of Lessee) of _____________________________ _________________________________________________ (street address, state, zip code) , referred to herein as Lessee. WHEREAS, the Lessor hereby agrees to lease to Lessee and the Lessee agrees to lease from the Lessor certain space hereinafter described at the ____________________ (Name of Farmers Market) located at _____________________________________________ _______________________________ (street address, state, zip code) ; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lessor hereby leases to the Lessee an (e.g., 18’ by 18’) _______________ space (e.g., equal to two parking stalls) _____________________________, hereinafter called the Space, for a period beginning ______________________ (date) through __________________ (date) for the sum of $_________ per day. Said rent shall be due on the _____ day of each (e.g., week or month) _____________ and shall be payable at _________________________ ___________________________________________________ (address). 2. Lessee has the option of purchasing the Season Rate for the following: A. One space shall be $___________; B. Two spaces shall be $___________; C. Three spaces shall be $___________; D. All Seasonal lessees will have assigned stalls for the entire Season. 3. The market days and hours shall be every Sunday during the Season, including holidays, from _______ (time) to ______ (time), excluding _____________________________ (dates) . 4. Lessee agrees to abide by and comply with the hours of operation as prescribed above. 5. Lessee shall not have the right to sublet the Space to anyone or permit anyone to offer for sale in the Space any items not produced or manufactured by the Lessee. 6. Lessee shall offer for sale at the Farmers Market only vegetables, fruit and such other produce or food stuffs, or other items as are actually produced or manufactured locally. Lessee agrees and acknowledges that at least ______% of all products displayed and sold at the Hiawatha Farmers Market are, or shall be produced by the Lessee. 2 7.Lessee agrees and acknowledges that the Lessee shall possess all necessary permits or certificates to sell honey, poultry, eggs, wine, meat, seafood or any other products that requires any permits or certificates. Lessee agrees to comply with all local, state and federal laws, ordinances and regulations, including, but not limited to, those regulating vending and labeling of merchandise. 8. Lessee agrees to only sell from the Spaces designated for selling. The Lessee further acknowledges that the Lessee shall at all times keep the Space, including the surrounding area, counter and shelves clean, swept and free of debris. Lessee further acknowledges that at the conclusion of each business day, or at any such other time as the Lessee may depart from the Space, Lessee shall thoroughly clean and sweep the leased Space, and remove all equipment, produce, products and debris. 9. Lessee agrees that the continued use and occupancy of the Space is subject to the Lessee complying with all rules and regulations promulgated from time to time by the Lessor. 10. If the Lessee fails to comply with any of the terms or conditions of this Lease or fails to abide with any law, rule or regulation of the Lessor, the State or Federal Government, the Lessor shall have the right to immediately terminate this Lease. If the Lessor elects to terminate this Lease, Lessee’s rights under this Lease shall be forfeited and the Lessee shall immediately vacate the Space. 11. Lessor shall have no responsibility to the Lessee, Lessee ’s employees, agents or helpers for any loss, damage, injury or loss of use that the Lessee, the Lessee ’s employees, agents or helpers may incur because of acts of God. 12. Lessee agrees to hold harmless the Lessor from any and all claims or causes of action for liability, including attorneys’ fees and costs, in any way arising out of or directly or indirectly connected with the use of the leased Space by the Lessee or the Lessee ’s activities or the sale or distribution of any products. Lessee agrees this hold harmless agreement shall include all of Lessee ’s employees, agents or helpers or any other persons using the Space or acting for or on behalf of the Lessee with or without the Lessee’s permission or approval. 13. Lessee agrees and acknowledges that the Lessee or the Lessee ’s employees or agents who enter the Farmers Market area shall not be under the influence of alcohol or drugs. If the Lessee or the Lessee ’s employees, agents or helpers violate this provision of the Lease, the Lessor , at its sole discretion, may require the Lessee to forfeit the leased Space for the day or year. In addition, the Lessor may cancel this Lease for fighting or otherwise disturbing the peace caused by Lessee, Lessee s employees, agents or helpers on the premises. 14. Not withstanding the above, the Lessor may cancel this Lease upon dispatch, posting, or presentation of _____ days notice to the Lessee. WITNESS our signatures as of the day and date first above stated. ________________________ (Name of Lessor) 3 ________________________ By: _____________________________ (Printed name) _______________________ ________________________ (Printed name & Office in Corporation) (Signature of Lessee) _______________________ (Signature of Officer)