| A unit of Lasting Forests
evolving since March 30, 1999 |
|
A Total Forest Management Plan
|
|
|
Allowing use of available farm lands for cropping can be used to enhance local cooperation, stabilize farming and the rural community, maintain land in desirable early stages of ecological succession cost effectively, and provide conditions as well as food for wildlife. Share cropping, e.g., leaving a part of the crop in the field for wild fauna (in lieu of payments as specified below) can be beneficial for fauna as well as both parties.
The following is a lease developed and used on a state wildlife management area. It suggests the form and parts that can be readily adapted by assistance of a local attorney.
Farm Lease
This lease is entered into this day of____ , 20___ , between the (Landowner, enterprise or agency) of (address)____and lessor of (address)
The owner hereby leases to the lessor, to occupy and use for agricultural purposes the following described property within the boundary of (some wild life area or farm ownership), located in county(s) and state near xxx.
A. Fields numbering ___ through ___ in accordance with the attached sketch map, of approximately ____acres, as measured from aerial photographs for use in planting corn and cover crops. All of this property together is hereinafter referred to as the "farm."
B. The owner warrants that he has the right to lease the farm, and will defend the lessor's possession against any and all persons whomsoever.
The term of this lease shall be from___, to ___, 20xx, a period of not less than (4) four growing seasons. The lessor shall plan to release possession of the farm by December 31, 20xx. The lessor shall have the opportunity to re- negotiate a new lease at the expiration of this lease subject to state law, if the lands are again leased, and he or she has satisfactorily met the terms of this lease.
A. The lessor agrees to pay a rental rate of ____ ,per acre, based on field measurement by the owner and lessor of actual acreage planted in corn each year; with one half the amount payable June 1st and one half the amount payable by December 31st, of each year; by check payable to the ____(owner as above), delivered to the owner or his land manager.
B. The lessor agrees to plant all the acreage leased to him by the end of two growing seasons. Each year, approximately one half of the total acreage leased to him will be planted to corn or, by written agreement, to other crops.
C. The lessor agrees to fertilize corn land at a minimum rate of 600 pounds of 5-10-10 fertilizer per acre plus the equivalent of 35 pounds of nitrogen for each corn crop.
D. The lessor agrees to do everything within his or her power to have the corn crop picked prior to the 3rd Monday in November. (typically a hunting-season provision)
E. The lessor agrees to plant a cover crop following each corn crop as follows; (1) by discing corn stubble and broadcasting rye grass at the rate of 20 pounds of grass per acre in the fall of the year, after picking corn, but not later than December 1st of each year or (2) discing corn stubble in the spring and sowing 1 bushel of oats per acre. No harvest will be made on cover crops.
The lessor will furnish all labor, equipment, and expenses for the operation of the farm except the owner will sow Korean lespedeza in February or March at a rate of not less than 20 pounds per acre on the cover crop each year.
It is mutually agreed
A. In the case of flood to the field under lease, the lessor shall be entitled to one year free lease for each year his crop is flooded or settled by agreement.
B. No livestock shall be used in "hogging down" the corn crop or its residue.
C. This lease does not give the lessor the right to hunt or fish on the lands other than what is normally offered any resident.
D. The lessor will be permitted to use the water from the river for irrigation.(or other similar local provision)
E. The lessor will be permitted to use approved sprays for weed control.
F. Any differences between the parties under this lease that cannot be settled after thorough discussion, shall be submitted for arbitration by a committee of three disinterested persons, one selected by each party hereto, and the third by two thus selected; and their decision shall be adopted by both parties
The lessor agrees that:
A. He or she will maintain the farm tenancy in as good condition and repair as at the beginning, or as later improved, normal wear and depreciation from causes beyond the lessor's control excepted.
B. In so far as possible all corn rows will be laid out on the contour.
C. He or she will not assign this lease or sublet any part of the farm without written consent of the owner
D. He or she will not burn cornstalks, straw, or other crop residues grown upon the farm without written consent of the owner.
E. He or she will in no way interfere with the operation of the entire ownership as it may be in use as a hunting or fishing area.
The land owner agrees:
A. To protect the lessor's crops from livestock damage.
B. To determine the total acreage to be used for rental payment by measuring in the field after the com crop has been planted.
IN WITNESS WHEREOF, the parties have signed this lease on the date first above written.
WITNESS : __________
Owner (or Agent for the owner)________________
Lessor__________
The work of James Engle, Wildlife Biologist for the Gathright Wildlife Management Area in Virginia is acknowledged.
| Quick Access to the Contents of LastingForests.com |
|---|
This Web site is maintained by R. H.
Giles, Jr.
Last revision June 22, 2004.