Lease of Land for Pasturage and Grazing
Lease agreement made effective as of the ______________________________________
(date) , between __________________________________________________ (Name of Lessor)
of ___________________________________________________________________________
______________________________________________________________________________
_________________________________________ (street address, city, county, state, zip code) ,
referred to herein as Lessor, and ___________________________________________________
(Name of Lessee), a corporation organized and existing under the laws of the state of
_______________________________________________, with its principal office located at
______________________________________________________________________________
______________________________________________________________________________
__________________ (street address, city, county, state, zip code) , referred to herein as Lessee.
Whereas, Lessee has certain animals for which Lessee desires to have certain grazing and
pasturage rights; and
Whereas, Lessor has certain land that would be appropriate for the grazing and pasturage
of Lessee's animals;
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. Property and Term
A. Lessor leases to Lessee the premises of Lessor located at ____________________
______________________________________________________________________________
______________________________________________________________________________
(street address, city, county, state, zip code) , hereinafter called Premises, and more particularly
described as follows:
(legal description)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
B. This Lease shall commence on the above-stated effective date and shall be for a
term of _______ (number) years, or until terminated as provided in this Lease Agreement, on the
terms and conditions set forth in this Agreement.
2. Rental
Lessee shall pay rental to Lessor commencing __________________________________
(date) , at the rate of _______________________ ( dollar amount) per year, or fraction of a year
if this Lease is terminated as set forth below in this Agreement, payable in equal (e.g., monthly)
_______________________________________ installments in advance, during the entire term
of this Lease Agreement, at _______________________________________________________
______________________________________________________________________________
_________________________________________ (street address, city, county, state, zip code) ,
or to such other address as Lessor shall specify in writing to Lessee.
3. Use of Land
A. The Premises shall be used by Lessee solely and exclusively for the pasturage and
grazing of ___________________________ __________________________________________
_________________ (type of animals, such as cattle) .
B. At no time shall the number of ________________________________________
____________________________ (type of animal) pastured exceed _____________ (number) .
C. Lessee shall not permit others to use the Premises for pasturage, nor permit
Lessee's ______________________________________________________________________
(type of animal) to graze or run at large over lands belonging to Lessor not under lease to
Lessee.
4. Construction of Structures
Lessee shall not build structures of any character upon the Premises without the prior,
express, and written consent of Lessor, except as provided in Section Six of this Lease
Agreement.
5. Removal of Fences
Lessee shall not remove or relocate any fences that are on the Premises at the
commencement of this Lease without the prior, express, and written consent of Lessor.
6. Building of Fences
A. Lessee shall, at his own expense, build fences and gates that are sound,
stockproof, and in compliance with all applicable laws, enclosing the Premises, and shall keep
such fences and gates in good repair to the satisfaction of Lessor.
B. At the termination of this Lease Agreement, Lessee (i.e., shall or shall not)
__________________________ remove such fences built by Lessee.
7. Labor and Materials
Lessee shall fully pay for all materials joined or affixed to the Premises pursuant to this
Lease and pay in full all persons who perform labor on the Premises, and will not permit or
suffer any mechanics' liens or material suppliers' liens of any kind or nature to be enforced
against the Premises for any work done or materials furnished on the Premises at Lessee's
instance or request.
8. Indemnification
Lessee shall indemnify Lessor from and against any and all liability, cost, and expense for
loss of or damage to Premises , and for injuries to or deaths of persons arising directly or
indirectly from the use of the Premises by Lessee.
9. Termination
Notwithstanding the foregoing, and anything herein to the contrary, this Lease may be
terminated by either party on ________________ (number) days' written notice delivered to the
other party at the above listed address of each party.
10. Surrender of Premises
Lessee shall, at the termination of this Lease Agreement, vacate the Premises, leaving
them in the same condition they were in at the time of his entry on such Premises under this
Agreement, except for reasonable use and wear, acts of God, or damage by causes beyond the
control of Lessee, and upon vacating shall leave the Premises free and clear of all significant
rubbish and debris.
11. No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the
terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as subsequently waiving any such terms and
conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
12. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of _________________________________________.
13. Notices
Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified or registered mail if sent to the respective
address of each party as set forth at the beginning of this Agreement.
14. Attorney’s Fees
In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party
in the action shall pay to the successful party, in addition to all the sums that either party may be
called on to pay, a reasonable sum for the successful party's attorney fees.
15. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
16. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
17. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party.
18. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be
assigned or transferred to any other person, firm, corporation, or other entity without the prior,
express, and written consent of the other party.
19. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute but one and the same
instrument.
WITNESS our signatures as of the day and date first above stated.
__________________________________________
(Name of Lessee)
___________________________________ By_______________________________________
(Name of Lessor) __________________________________________
(Name and Office in Corporation)
STATE OF ________________________________________
COUNTY OF __________________________________
Personally appeared before me, the undersigned authority in and for said County and
State, on this ______________________________________________ (Date), within my
jurisdiction, the within named ___________________________________________________
(Name of Officer) , who acknowledged that he is the ___________________________________
(Name of Office) , a _______________________________________________________ (name
of state) corporation, and that he/she executed the above and foregoing instrument for and on
behalf of said corporation, after being duly authorized so to do.
__________________________________________
NOTARY PUBLIC
My Commission Expires:
______________________
STATE OF ___________________________________________________
COUNTY OF ___________________________________
Personally appeared before me, the undersigned authority in and for the said County and
State, on this ___________________________________________ (Date) , within my
jurisdiction, the within - named ____________________________________________________
(Name of Lessor) , who acknowledged that he executed the above and foregoing instrument.
__________________________________________
NOTARY PUBLIC
My Commission Expires:
______________________
(Form of acknowledgement/oath will vary from state to state)
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